Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 40973

regulatory flexibility analysis, the

Department has not identified any

relevant Federal rules that duplicate,

overlap or conflict with this regulation.

Further, the Board’s meetings were

widely publicized throughout the

hazelnut industry and all interested

persons were invited to attend the

meetings and encouraged to participate

in Board deliberations. Like all Board

meetings, those held on August 31,

October 26, and November 15, 1999,

were open to the public and all entities,

both large and small, were able to

express their views on this issue. The

Board itself is composed of 10 members,

of which 4 are handlers, 5 are

producers, and one is a public member.

Finally, interested persons were invited

to submit information on the regulatory

and informational impacts of this action

on small businesses.

An interim final rule concerning this

action was published in the Federal

Register on January 19, 2000. Copies of

the rule were mailed by the Board’s staff

to all Board members and hazelnut

handlers. In addition, the rule was made

available through the Internet by the

Office of the Federal Register. That rule

provided for a 60-day comment period

which ended March 20, 2000. No

comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

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

fv/moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

After consideration of all relevant

material presented, including the

Board’s recommendation, and other

information, it is found that finalizing

the interim final rule, without change,

as published in the Federal Register (65

FR 2841, January 19, 2000), will tend to

effectuate the declared policy of the Act.

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 30 days after publication in

the Federal Register because: (1) The

percentages continued herein apply to

all merchantable hazelnuts handled

during the 1999–2000 marketing year;

(2) the 1999–2000 marketing year ends

June 30, 2000; and (3) handlers are

aware of this action and are prepared to

comply with the marketing percentages.

List of Subjects in 7 CFR Part 982

Filberts, Hazelnuts, Marketing

agreements, Nuts, Reporting and

recordkeeping requirements.

PART 982—HAZELNUTS GROWN IN

OREGON AND WASHINGTON

Accordingly, the interim final rule

amending 7 CFR part 982 which was

published at 65 FR 2841 on January 19,

2000, is adopted as a final rule without

change.

Dated: June 27, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–16740 Filed 6–30–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[Docket No. FV00–985–4 FIR]

Marketing Order Regulating the

Handling of Spearmint Oil Produced in

the Far West; Decreased Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, the

provisions of an interim final rule

which decreased the assessment rate

established for the Spearmint Oil

Administrative Committee (Committee)

for the 2000–2001 and subsequent

marketing years from $0.10 per pound

to $0.09 per pound of spearmint oil

handled. The Committee is responsible

for local administration of the marketing

order which regulates the handling of

spearmint oil produced in the Far West.

Authorization to assess spearmint oil

handlers enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The marketing year begins June 1 and

ends May 31. The assessment rate will

remain in effect indefinitely unless

modified, suspended, or terminated.

EFFECTIVE DATE: August 2, 2000.

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, suite 385, Portland,

Oregon 97204; telephone: (503) 326–

2724, Fax: (503) 326–7440; or George

Kelhart, Technical Advisor, Marketing

Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order No.

985, as amended (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.’’ 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 is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, Far West spearmint oil

handlers are subject to assessments.

Funds to administer the order are

derived from such assessments. It is

intended that the assessment rate as

issued herein will be applicable to all

assessable spearmint oil beginning June

1, 2000, and continue until amended,

suspended, or terminated. 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. Such

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 the date of the

entry of the ruling.

This rule continues to decrease the

assessment rate established for the

Committee for the 2000–2001 and

subsequent marketing years from $0.10

40974 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

per pound to $0.09 per pound of

spearmint oil handled.

The spearmint oil order provides

authority for the Committee, with the

approval of the Department, to

formulate an annual budget of expenses

and collect assessments from handlers

to administer the program. The

members of the Committee are

producers of spearmint oil. They are

familiar with the Committee’s needs and

with the costs for goods and services in

their local area and are thus in a

position to formulate an appropriate

budget and assessment rate. The

assessment rate is formulated and

discussed in a public meeting. Thus, all

directly affected persons have an

opportunity to participate and provide

input.

For the 1995–1996 and subsequent

marketing years, the Committee

recommended, and the Department

approved, an assessment rate that would

continue in effect from marketing year

to marketing year unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other information

available to the Secretary.

The Committee met on February 23,

2000, and unanimously recommended

2000–2001 expenditures of $212,900

and an assessment rate of $0.09 per

pound of spearmint oil handled. In

comparison, last year’s budgeted

expenditures were $219,028. The

assessment rate of $0.09 is $0.01 lower

than the rate in effect prior to this

action. The Committee discussed

assessment rates both lower and greater

than $0.09 per pound. However, the

Committee decided that an assessment

rate of less than $0.09 would not

generate the income necessary to

administer the program with an

adequate reserve. The Committee

recommended the decreased assessment

rate to help offset the negative effects

the current depressed spearmint oil

market is having on the industry.

Expenditures recommended by the

Committee for the 2000–2001 marketing

year include $178,500 for Committee

expenses and $34,400 for administrative

expenses. For 2000–2001, a total of

$156,000 is budgeted for agency fees,

$21,000 is budgeted for Committee per

diem and travel, $16,500 is budgeted for

agency staff travel, and $10,700 is

budgeted for copying, mail handling,

postage, telephone and fax, cellular

phone charges, officer liability

insurance, and auditing. Actual

expenses for these items in 1999–2000

are estimated to total $165,000, $22,133,

$16,843, and $10,900. For 2000–2001,

funds also are budgeted for market

development ($5,000) and for

compliance ($1,000). Expenditures for

these items in 1999–2000 are expected

to total $5,000.

The Committee estimates that

spearmint oil sales for the 2000–2001

marketing year will be approximately

2,058,474 pounds, which should

provide $185,263 in assessment income.

This assessment income, when

combined with $13,029 from the

monetary reserve, $3,500 in interest

income, and $11,108 from the sale of

certain assets should be adequate to

meet this year’s expenses of $212,900.

The Committee estimates that its

monetary reserve will be approximately

$156,757 at the beginning of the 2000–

2001 marketing year. It is not

anticipated that the reserve fund will

exceed the maximum permitted by the

order of approximately one marketing

year’s operational expense (§ 985.42).

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate is

effective for an indefinite period, the

Committee will continue to meet prior

to or during each marketing year to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this rule on small entities. Accordingly,

the 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. Thus, both statutes have small

entity orientation and compatibility.

There are 7 spearmint oil handlers

subject to regulation under the

marketing order and approximately 119

producers of Scotch spearmint oil and

105 producers of Native spearmint oil in

the regulated 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 $5,000,000,

and small agricultural producers are

defined as those whose annual receipts

are less than $500,000.

Based on the SBA’s definition of

small entities, the Committee estimates

that 2 of the 7 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

25 of the 119 Scotch spearmint oil

producers and 7 of the 105 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.

This rule continues to decrease the

assessment rate established for the

Committee and collected from handlers

for the 2000–2001 and subsequent

marketing years from $0.10 per pound

to $0.09 per pound of spearmint oil

handled. The Committee estimates that

spearmint oil sales will total 2,058,474

pounds in the 2000–2001 marketing

year. The $0.09 per pound assessment

rate should provide an estimated

income of $185,263, which, when

combined with $13,029 from the

monetary reserve, $3,500 in interest

income, and $11,108 from the sale of

certain assets should be adequate to

meet this year’s expenses of $212,900.

The Committee estimates that its

monetary reserve will be approximately

$156,757 at the beginning of the 2000–

2001 marketing year and that the fund

will not exceed the maximum permitted

by the order of approximately one

marketing year’s operational expense

(§ 985.42).

The Committee reviewed and

unanimously recommended 2000–2001

expenditures of $212,900 which is

$6,128 less than approved for last year.

Prior to arriving at this budget, the

Committee considered information from

various sources, including the

Committee’s Executive Committee and

the current marketing year’s actual and

anticipated expenditures. Alternative

expenditure levels and assessment rates

were discussed by the Committee

officers prior to presentation to the full

Committee for approval. The Committee

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 40975

decided that an assessment rate of less

than $0.09 would not generate the

income necessary to administer the

program with an adequate reserve. The

Committee recommended the decreased

assessment rate to help offset the

negative effects the current depressed

spearmint oil market is having on the

industry.

Expenditures recommended by the

Committee for the 2000–2001 marketing

year include $178,500 for Committee

expenses and $34,400 for administrative

expenses. For 2000–2001, a total of

$156,000 is budgeted for agency fees,

$21,000 is budgeted for Committee per

diem and travel, $16,500 is budgeted for

agency staff travel, and $10,700 is

budgeted for copying, mail handling,

postage, telephone and fax, cellular

phone charges, officer liability

insurance, and auditing. Actual

expenses for these items in 1999–2000

are estimated to total $165,000, $22,133,

$16,843, and $10,900. For 2000–2001,

funds also are budgeted for market

development ($5,000) and for

compliance ($1,000). Expenditures for

these items in 1999–2000 are expected

to total $5,000.

Based on 1999 prices, the average

price paid to producers for both Scotch

and Native spearmint oils during the

2000–2001 marketing year could be

about $9.80 per pound. Therefore, the

estimated assessment revenue for the

2000–2001 marketing year as a

percentage of total producer revenue

could be about 0.92 percent.

This action continues to decrease the

assessment obligation imposed on

handlers. While this rule will impose

some additional costs on handlers, the

costs are minimal and in the form of

uniform assessments on all handlers.

Some of the additional costs may be

passed on to producers. However, these

costs will be offset by the benefits

derived by the operation of the order. In

addition, 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 on all issues.

Like all Committee meetings, the

February 23, 2000, meeting was a public

meeting and all entities, both large and

small, were able to express views on

this issue.

This action imposes no 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.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

An interim final rule concerning this

action was published in the Federal

Register on April 5, 2000 (65 FR 17756).

A copy of the rule was mailed to the

Committee office, which in turn

provided copies for Committee members

and industry members. Further, the

interim final rule was made available on

the Internet by the Office of the Federal

Register. A 30-day comment period was

provided for interested persons to

respond to the interim final rule. The

comment period ended on May 5, 2000,

and no comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

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

fv/moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber 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.

List of Subjects in 7 CFR Part 985

Marketing agreements, Oils and fats,

Reporting and recordkeeping

requirements, Spearmint oil.

PART 985—MARKETING ORDER

REGULATING THE HANDLING OF

SPEARMINT OIL PRODUCED IN THE

FAR WEST

Accordingly, the interim final rule

amending 7 CFR part 985 which was

published at 65 FR 17756 on April 5,

2000, is adopted as a final rule without

change.

Dated: June 27, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–16738 Filed 6–30–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV00–989–4 FIR]

Raisins Produced From Grapes Grown

In California; Final Free and Reserve

Percentages for 1999–2000 Crop

Natural (Sun-Dried) Seedless and

Zante Currant Raisins

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, the

provisions of an interim final rule that

established final volume regulation

percentages for 1999–2000 crop Natural

(sun-dried) Seedless raisins (Naturals)

and Zante Currant raisins (Zantes)

covered under the Federal marketing

order for California raisins (order). The

volume regulation percentages are 85

percent free and 15 percent reserve for

Naturals and 51 percent free and 49

percent reserve for Zantes. The order

regulates the handling of raisins

produced from grapes grown in

California and is administered locally

by the Raisin Administrative Committee

(Committee). The volume regulation

percentages are intended to help

stabilize raisin supplies and prices, and

strengthen market conditions.

EFFECTIVE DATE: August 2, 2000.

FOR FURTHER INFORMATION CONTACT:

Maureen T. Pello, Marketing Specialist,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone: (559) 487–5901, Fax: (559)

487–5906; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, or Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 989 (7 CFR part 989),