This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

61933 

Vol. 76, No. 194 

Thursday, October 6, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. Nos. AMS–FV–10–0094; FV11–985–1A 

IR] 

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 2011–2012 

Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule revises 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 2011–2012 

marketing year. This rule increases the 

Scotch spearmint oil salable quantity 

from 693,141 pounds to 733,913 

pounds, and the allotment percentage 

from 34 percent to 36 percent. In 

addition, this rule increases the Native 

spearmint oil salable quantity from 

1,012,949 pounds to 1,266,161 pounds, 

and the allotment percentage from 44 

percent to 55 percent. The marketing 

order regulates the handling of 

spearmint oil produced in the Far West 

and is administered locally by the 

Spearmint Oil Administrative 

Committee (Committee). The Committee 

recommended this rule for the purpose 

of avoiding extreme fluctuations in 

supplies and prices and to help 

maintain stability in the Far West 

spearmint oil market. 

DATES: Effective June 1, 2011, through 

May 31, 2012; comments received by 

December 5, 2011 will be considered 

prior to issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

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 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 Manager, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Laurel.May@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. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the provisions of the 

marketing order now in effect, salable 

quantities and allotment percentages 

may be established for classes of 

spearmint oil produced in the Far West. 

This rule increases the quantity of 

Scotch and Native spearmint oil 

produced in the Far West that handlers 

may purchase from, or handle on behalf 

of, producers during the 2011–2012 

marketing year, which began on June 1, 

2011, and ends on May 31, 2012. 

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 original salable quantity and 

allotment percentages for Scotch and 

Native spearmint oil for the 2011–2012 

marketing year were recommended by 

the Committee at its October 13, 2010, 

meeting. The Committee recommended 

salable quantities of 694,774 pounds 

and 1,012,983 pounds, and allotment 

percentages of 34 percent and 44 

percent, respectively, for Scotch and 

Native spearmint oil. A proposed rule 

was published in the Federal Register 

on March 4, 2011 (76 FR 11971). 

Comments on the proposed rule were 

solicited from interested persons until 

April 4, 2011. No comments were 

received. Subsequently, a final rule 

establishing the salable quantities and 

allotment percentages for Scotch and 

Native spearmint oil for the 2011–2012 

marketing year was published in the 

Federal Register on May 13, 2011 (76 

FR 27852). 

This rule revises the quantity of 

Scotch and Native spearmint oil that 

handlers may purchase from, or handle 


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61934 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 

on behalf of, producers during the 

2011–2012 marketing year, which ends 

on May 31, 2012. Pursuant to authority 

contained in §§ 985.50, 985.51, and 

985.52 of the order, the full eight 

member Committee met on August 17, 

2011, to consider pertinent market 

information on the current supply, 

demand, and price of spearmint oil. The 

Committee, in two separate motions, 

recommended that the 2011–2012 

marketing year Scotch and Native 

spearmint oil allotment percentages be 

increased by 2 percent and 11 percent, 

respectively. The motion to increase the 

allotment percentage for Scotch was 

unanimous and the motion to increase 

the allotment percentage for Native 

passed with seven members in favor and 

one member opposed. The member 

opposed to the motion agreed that an 

increase was necessary for the industry 

to respond to increasing demand, but 

based his vote on the opinion that an 11 

percent increase was too high this early 

in the marketing year. 

Thus, taking into consideration the 

following discussion, this rule increases 

the 2011–2012 marketing year salable 

quantities and allotment percentages for 

Scotch and Native spearmint oil to 

733,913 pounds and 36 percent, and 

1,266,161 pounds and 55 percent, 

respectively. 

The salable quantity is the total 

quantity of each class of oil that 

handlers may purchase from, or handle 

for, producers during the marketing 

year. The total salable quantity is 

divided by the total industry allotment 

base to determine an allotment 

percentage. Each producer is allotted a 

share of the salable quantity by applying 

the allotment percentage to the 

producer’s individual allotment base for 

the applicable class of spearmint oil. 

The total industry allotment base for 

Scotch spearmint oil for the 2011–2012 

marketing year was estimated by the 

Committee at the October 13, 2010, 

meeting at 2,043,453 pounds. This was 

later revised at the beginning of the 

2011–2012 marketing year to 2,038,595 

pounds to reflect the loss of 4,858 

pounds of base due to non-production 

of some producers’ total annual 

allotments during the 2010–2011 

marketing year. 

Section 985.53(e) of the order requires 

that producers make a bona fide effort 

to produce all of their respective 

allotment base each year. Failure to do 

so results in a reduction in the 

producer’s allotment base equivalent to 

such unproduced portion. The 4,858 

pound reduction in allotment base for 

Scotch spearmint oil reflects the total 

base surrendered by all producers due 

to the non-production of those 

producers’ total annual allotments 

during the 2010–2011 marketing year. 

When the revised total Scotch 

allotment base of 2,038,595 pounds is 

applied to the originally established 

allotment percentage of 34 percent, the 

initially established 2011–2012 

marketing year salable quantity of 

694,774 pounds is effectively modified 

to 693,122 pounds. After accounting for 

a rounding adjustment of 19 pounds, the 

actual 2011–2012 marketing year annual 

allotment for Scotch spearmint oil prior 

to this increase is 693,141 pounds. 

The same situation applies to Native 

spearmint oil where the Committee 

estimated at the October 13, 2010, 

meeting that the total industry allotment 

base for Native spearmint oil for the 

2011–2012 marketing year was 

2,302,233 pounds. This number was 

later revised at the beginning of the 

2011–2012 marketing year to 2,301,926 

pounds to reflect the bona fide effort 

reduction of 307 pounds. Just as with 

Scotch spearmint oil, the 307 pound 

reduction in Native allotment base 

reflects the total base surrendered by all 

producers due to the non-production of 

such producers’ total annual allotments 

during the 2010–2011 marketing year. 

When the revised total Native 

allotment base of 2,301,926 pounds is 

applied to the originally established 

allotment percentage of 44 percent, the 

initially established 2011–2012 

marketing year Native salable quantity 

of 1,012,983 pounds is effectively 

modified to 1,012,847 pounds. After 

accounting for 102 pounds of rounding 

adjustments when calculating each 

producer’s annual allotment, the actual 

2011–2012 total annual allotment of 

Native spearmint oil prior to this 

increase is 1,012,949 pounds. 

By increasing the salable quantity and 

allotment percentage, this rule makes 

additional amounts of Scotch and 

Native spearmint oil available to the 

market. Such additional oil may come 

from spearmint oil produced in the 

current marketing year or by releasing 

oil from the reserve pool. As of May 31, 

2011, the Committee estimated the 

Scotch reserve pool to contain 454,715 

pounds of spearmint oil and the Native 

reserve pool to contain 606,942 pounds 

of spearmint oil. 

When the allotment percentage 

increases established by this rule are 

applied to each individual producer, 

each such producer may deliver up to 

an amount equal to such allotment from 

their 2011–2012 marketing year’s 

production, from spearmint oil 

transferred from another producer’s 

2011–2012 marketing year production, 

or from the respective class of oil held 

in reserve. However, pursuant to 

§§ 985.56 and 985.156, producers with 

excess oil are only able to transfer such 

excess oil to other producers to fill 

deficiencies in annual allotments prior 

to October 31 of each marketing year. 

The Committee expects that all 

individuals entitled to a pro rata 

increase in the salable quantity 

allotment for each class of spearmint oil 

will be able to exercise the full 

marketing rights associated with such 

an increase. 

Therefore, the 2 percent increase in 

the Scotch spearmint oil allotment 

percentage established by this rule is 

expected to result in a 2011–2012 

marketing year salable quantity of 

733,913 pounds. Likewise, the 11 

percent increase in the Native spearmint 

oil allotment percentage established by 

this rule is expected to result in a 2011– 

2012 marketing year salable quantity of 

1,266,161 pounds. This reflects an 

additional 40,772 pounds of Scotch 

spearmint oil and 253,212 pounds of 

Native spearmint oil being made 

available to the market by this rule. 

The following summarizes the 

Committee recommendations: 

Scotch Spearmint Oil Recommendation 

(A) Estimated 2011–2012 Scotch 

Allotment Base—2,043,453 pounds. 

This is the estimate on which the 

original 2011–2012 salable quantity and 

allotment percentage was based. 

(B) Revised 2011–2012 Scotch 

Allotment Base—2,038,595 pounds. 

This is 4,858 pounds less than the 

estimated allotment base of 2,043,453 

pounds. The difference is the result of 

some producers failing to produce all of 

their 2010–2011 allotment. 

(C) Original 2011–2012 Scotch 

Allotment Percentage—34 percent. This 

was unanimously recommended by the 

Committee on October 13, 2010. 

(D) Original 2011–2012 Scotch 

Salable Quantity—694,774 pounds. This 

figure is 34 percent of the estimated 

2011–2012 allotment base of 2,043,453 

pounds. 

(E) Adjusted 2011–2012 Scotch 

Salable Quantity—693,141 pounds. This 

figure reflects the salable quantity 

actually available at the beginning of the 

2011–2012 marketing year. This 

quantity is derived by applying the 

34 percent allotment percentage to the 

revised allotment base of 2,038,595. 

This adjusted salable quantity also 

accounts for a 19 pound increase due to 

rounding. 

(F) Current Revision to the 2011–2012 

Scotch Salable Quantity and Allotment 

Percentage: 

(1) Increase in Scotch Allotment 

Percentage—2 percent. The Committee 


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recommended a 2 percent increase at its 

August 17, 2011, meeting. 

(2) 2011–2012 Scotch Allotment 

Percentage—36 percent. This figure is 

derived by adding the increase of 2 

percent to the original 2011–2012 

allotment percentage of 34 percent. 

(3) Calculated Revised 2011–2012 

Scotch Salable Quantity—733,913 

pounds. This figure is 36 percent of the 

revised 2011–2012 allotment base of 

2,038,595 pounds plus the 19 pound 

rounding adjustment. 

(4) Computed Increase in the 2011– 

2012 Scotch Salable Quantity—40,772 

pounds. This figure is 2 percent of the 

revised 2011–2012 allotment base of 

2,038,595 pounds. 

The 2011–2012 marketing year began 

on June 1, 2011, with an estimated 

carry-in of 227,241 pounds of salable 

Scotch spearmint oil. When the 

estimated carry-in is added to the 

revised 2011–2012 salable quantity of 

693,141 pounds, the result is a total 

estimated available supply of Scotch 

spearmint oil for the 2011–2012 

marketing year of 920,382 pounds. Of 

this amount, 733,877 pounds of Scotch 

spearmint oil have already been sold or 

committed, which leaves just 186,505 

pounds available for sale for the 

remainder of the 2011–2012 marketing 

year. 

In making this recommendation to 

increase the available supply of Scotch 

spearmint oil, the Committee 

considered all available information on 

price, supply, and demand. The 

Committee also considered reports and 

other information from handlers and 

producers in attendance at the meeting 

and reports given by the Committee 

manager from handlers and producers 

who were not in attendance. By 

increasing the 2011–2012 Scotch 

spearmint oil salable percentage by 2 

percent, an estimated additional 40,772 

pounds will be made available to the 

market. This amount combined with the 

186,505 pounds currently available, will 

make a total of 227,277 pounds 

available to the market and bring the 

total available supply of Scotch 

spearmint oil for the marketing year to 

961,154 pounds. 

When the original 2011–2012 

marketing policy statement was drafted, 

handlers estimated that the demand for 

Scotch spearmint oil for the 2011–2012 

marketing year may be 800,000 pounds. 

However, when the Committee made its 

original recommendation for the 

establishment of the Scotch spearmint 

oil salable quantity and allotment 

percentage for the 2011–2012 marketing 

year, it had not anticipated the increase 

in demand for Scotch spearmint oil that 

the market is currently experiencing. 

The Committee believes that the supply 

of Scotch spearmint oil available to the 

market, without an increase in the 

salable quantity, would be insufficient 

to satisfy the current demand for oil at 

reasonable price levels. Therefore, it is 

the opinion of the industry that this 

action is essential to ensuring an 

adequate supply of Scotch spearmint oil 

to the market. 

Native Spearmint Oil Recommendation 

(A) Estimated 2011–2012 Native 

Allotment Base—2,302,233 pounds. 

This is the estimate on which the 

original 2011–2012 Native spearmint oil 

salable quantity and allotment 

percentage was based. 

(B) Revised 2011–2012 Native 

Allotment Base—2,301,926 pounds. 

This is 307 pounds less than the 

estimated allotment base of 2,302,233 

pounds. The difference is the result of 

some producers failing to produce all of 

their 2010–2011 allotment. 

(C) Original 2011–2012 Native 

Allotment Percentage—44 percent. This 

was unanimously recommended by the 

Committee at its October 13, 2010 

meeting. 

(D) Original 2011–2012 Native Salable 

Quantity—1,012,983 pounds. This 

figure is 44 percent of the estimated 

2011–2012 allotment base of 2,302,233. 

(E) Adjusted 2011–2012 Native 

Salable Quantity—1,012,949 pounds. 

This figure reflects the salable quantity 

actually available at the beginning of the 

2011–2012 marketing year. This 

quantity is derived by applying the 44 

percent allotment percentage to the 

revised allotment base of 2,301,926. The 

adjusted salable quantity also accounts 

for a 101 pound increase due to 

rounding. 

(F) Current Revision to the 2011–2012 

Native Salable Quantity and Allotment 

Percentage: 

(1) Increase in Native Allotment 

Percentage—11 percent. The Committee 

recommended an 11 percent increase at 

its August 17, 2011, meeting. 

(2) 2011–2012 Native Allotment 

Percentage—55 percent. This figure is 

derived by adding the increase of 11 

percent to the original 2011–2012 

allotment percentage of 44 percent. 

(3) Calculated Revised 2011–2012 

Native Salable Quantity—1,266,161 

pounds. This figure is 55 percent of the 

revised 2011–2012 allotment base of 

2,301,926 pounds, plus the 101 pound 

increase due to rounding. 

(4) Computed Increase in the 2011– 

2012 Native Salable Quantity—253,212 

pounds. This figure is 11 percent of the 

revised 2011–2012 allotment base of 

2,301,926 pounds. 

The 2011–2012 marketing year began 

on June 1, 2011, with an estimated 

carry-in of 164,809 pounds of salable 

Native spearmint oil. When the 

estimated carry-in is added to the 

revised 2011–2012 salable quantity of 

1,012,949 pounds, the result is a total 

estimated available supply of Native 

spearmint oil for the 2011–2012 

marketing year of 1,177,758 pounds. Of 

this amount, 1,076,114 pounds of oil 

have already been sold or committed for 

the 2011–2012 marketing year, which 

leaves just 101,644 pounds available for 

sale. 

In making this recommendation, the 

Committee considered all available 

information on price, supply, and 

demand. The Committee also 

considered reports and other 

information from handlers and 

producers in attendance at the meeting 

and reports given by the Committee 

manager from handlers and producers 

who were not in attendance. By 

increasing the 2011–2012 Native 

spearmint oil salable percentage by 

11 percent, an estimated additional 

253,212 pounds will be made available 

to the market. This amount combined 

with the 101,644 pounds currently 

available, will make a total of 354,856 

pounds available to the market and 

bring the total available supply of 

Native spearmint oil for the year to 

1,430,970 pounds. 

When the original 2011–2012 

marketing policy statement was drafted, 

handlers estimated that the demand for 

Native spearmint oil for the 2011–2012 

marketing year may be 1,130,000 

pounds. However, when the Committee 

made its original recommendation for 

the establishment of the Native 

spearmint oil salable quantity and 

allotment percentage for the 2011–2012 

marketing year, it had not anticipated 

the increase in demand for Native 

spearmint oil that the market is 

currently experiencing. The Committee 

believes that the supply of Native 

spearmint oil available to the market, 

without an increase in the salable 

quantity, would be insufficient to satisfy 

the current demand for oil at reasonable 

price levels. Therefore, it is the opinion 

of the industry that this action is 

essential to ensuring an adequate supply 

of Native spearmint oil to the market. 

Based on its analysis of available 

information, USDA has determined that 

the salable quantity and allotment 

percentage for Scotch spearmint oil for 

the 2011–2012 marketing year should be 

increased to 733,913 pounds and 36 

percent, respectively. In addition, USDA 

has determined that the salable quantity 

and allotment percentage for Native 

spearmint oil for the 2011–2012 


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61936 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 

marketing year should be increased to 

1,266,161 pounds and 55 percent, 

respectively. 

This rule relaxes the regulation of 

Scotch and Native spearmint oil and 

will allow producers to meet market 

demand while improving producer 

returns. In conjunction with the 

issuance of this rule, the Committee’s 

revised marketing policy statement for 

the 2011–2012 marketing year has been 

reviewed by USDA. The Committee’s 

marketing policy statement, a 

requirement whenever the Committee 

recommends implementing volume 

regulations or recommends revisions to 

existing volume regulations, meets the 

intent of § 985.50 of the order. During its 

discussion of revising the 2011–2012 

salable quantities and allotment 

percentages, the Committee considered: 

(1) The estimated quantity of salable oil 

of each class held by producers and 

handlers; (2) the estimated demand for 

each class of oil; (3) prospective 

production of each class of oil; (4) total 

of allotment bases of each class of oil for 

the current marketing year and the 

estimated total of allotment bases of 

each class for the ensuing marketing 

year; (5) the quantity of reserve oil, by 

class, in storage; (6) producer prices of 

oil, including prices for each class of oil; 

and (7) general market conditions for 

each class of oil, including whether the 

estimated season average price to 

producers is likely to exceed parity. 

Conformity with USDA’s ‘‘Guidelines 

for Fruit, Vegetable, and Specialty Crop 

Marketing Orders’’ has also been 

reviewed and confirmed. 

The increases in the Scotch and 

Native spearmint oil salable quantity 

and allotment percentage allows for 

anticipated market needs for both 

classes of oil. In determining anticipated 

market needs, consideration by the 

Committee was given to historical sales, 

and changes and trends in production 

and demand. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), 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 8 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) (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 8 

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 result in fewer 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 marketing 

order’s volume control provisions have 

been successfully implemented in the 

domestic spearmint oil industry for 

nearly three decades and provide 

benefits for producers, handlers, 

manufacturers, and consumers. 

This rule increases the quantity of 

Scotch and Native spearmint oil that 

handlers may purchase from, or handle 

on behalf of, producers during the 

2011–2012 marketing year, which ends 

on May 31, 2012. This rule increases the 

Native spearmint oil salable quantity 

from 693,141 pounds to 733,913 pounds 

and the allotment percentage from 34 

percent to 36 percent. Additionally, this 

rule increases the Native spearmint oil 

salable quantity from 1,012,949 pounds 

to 1,266,161 pounds and the allotment 

percentage from 44 percent to 55 

percent. 

Based on projections available at the 

meeting, the Committee considered a 

number of alternatives to this increase. 

The Committee not only considered 

leaving the salable quantity and 

allotment percentage unchanged, but 

also considered other potential levels of 

increase. 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, and believes that 

the levels recommended will achieve 

the objectives sought. Without the 

increase, the Committee believes the 

industry would not be able to 

satisfactorily meet market demand. 

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. 

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, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

spearmint oil industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the August 17, 2011, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

Finally, interested persons are invited to 


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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 61937 

submit information on 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: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

This rule invites comments on a 

change to the salable quantity and 

allotment percentage for both Scotch 

and Native spearmint oil for the 2011– 

2012 marketing year. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim 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 upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule increases the 

quantity of Scotch and Native spearmint 

oil that may be marketed during the 

marketing year, which ends on May 31, 

2012; (2) the current quantity of Scotch 

and Native spearmint oil may be 

inadequate to meet demand for the 

2011–2012 marketing year, thus making 

the additional oil available as soon as is 

practicable will be beneficial to both 

handlers and producers; (3) the 

Committee recommended these changes 

at a public meeting and interested 

parties had an opportunity to provide 

input; and (4) this rule provides a 

60-day comment period and any 

comments received will be considered 

prior to finalization of this rule. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

For the reasons set forth in the 

preamble, 7 CFR part 985 is amended as 

follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

■ 1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 985.230, paragraphs (a) and (b) 

are revised to read as follows: 

Note: This section will not appear in the 

annual Code of Federal Regulations. 

§ 985.230 Salable quantities and allotment 

percentages—2011–2012 marketing year. 

* * * * * 

(a) Class 1 (Scotch) oil—a salable 

quantity of 733,913 pounds and an 

allotment percentage of 36 percent. 

(b) Class 3 (Native) oil—a salable 

quantity of 1,266,161 pounds and an 

allotment percentage of 55 percent. 

Dated: September 30, 2011. 

Ellen King, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–25812 Filed 10–5–11; 8:45 am] 

BILLING CODE 3410–02–P 

INTERNATIONAL TRADE 

COMMISSION 

19 CFR Parts 201, 206, 207, and 210 

Practice and Procedure: Rules of 

General Application, Safeguards, 

Antidumping and Countervailing Duty, 

and Adjudication and Enforcement 

AGENCY: International Trade 

Commission. 

ACTION: Final rule. 

SUMMARY: The United States 

International Trade Commission 

(‘‘Commission’’) is amending its rules of 

practice and procedure concerning rules 

of general application, safeguards, 

antidumping and countervailing duty, 

and adjudication and enforcement. The 

amendments are necessary to 

implement a new Commission 

requirement for electronic filing of most 

documents with the agency. The 

intended effects of the amendments are 

to increase efficiency in processing 

documents filed with the Commission, 

reduce Commission expenditures, and 

conform agency processes to Federal 

Government initiatives. 

DATES: Effective November 7, 2011. 

FOR FURTHER INFORMATION CONTACT: 

James R. Holbein, Secretary, telephone 

(202) 205–2000 or Gracemary RothRoffy, telephone (202) 205–3117, Office 

of the General Counsel, United States 

International Trade Commission. 

Hearing-impaired individuals are 

advised that information on this matter 

can be obtained by contacting the 

Commission’s TDD terminal at 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

at http://www.usitc.gov. 

SUPPLEMENTARY INFORMATION: On July 6, 

2011, the Commission published a 

notice of proposed rulemaking 

concerning the filing of documents with 

the agency. 76 FR 39750, July 6, 2011. 

This notice of final rulemaking is based 

on that notice. On the same day, the 

Commission published a notice seeking 

public comment on a draft Handbook on 

Electronic Filing Procedures. 76 FR 

39757, July 6, 2011. The preamble 

below is designed to assist readers in 

understanding these amendments to the 

Commission’s Rules. This preamble 

provides background information, a 

regulatory analysis of the amendments, 

a discussion of the comments received 

from the public, and a section-bysection explanation of the amendments. 

Background 

Section 335 of the Tariff Act of 1930 

(19 U.S.C. 1335) authorizes the 

Commission to adopt such reasonable 

procedures, rules, and regulations as it 

deems necessary to carry out its 

functions and duties. This rulemaking 

seeks to improve provisions of the 

Commission’s existing Rules of Practice 

and Procedure. The Commission is 

amending its rules covering proceedings 

such as investigations and reviews 

conducted under title VII and section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337, 1671 et seq.), sections 202, 406, 

421, 422 of the Trade Act of 1974 (19 

U.S.C. 2252, 2436, 2451, 2451a), and 

sections 302 and 312 of the North 

American Free Trade Agreement 

Implementation Act (19 U.S.C. 3352, 

3372). 

Consistent with its ordinary practice, 

the Commission is issuing these 

amendments in accordance with 

provisions of section 553 of the APA (5 

U.S.C. 553), although not all provisions 

apply to this rulemaking. The APA 

procedure entails the following steps: 

(1) Publication of a notice of proposed 

rulemaking; (2) solicitation of public 

comments on the proposed 

amendments; (3) Commission review of 

public comments on the proposed 

amendments; and (4) publication of 

final amendments at least thirty days 

prior to their effective date. 

The Commission will now require 

that most filings with the agency be 

made by electronic means. The 

electronic version will constitute the 


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