14654 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Rules and Regulations 

commenter felt that the assessment rate 

increase was an excessive and 

unjustified expense. 

In response to these comments, the 

$.10 per barrel increase is not 

specifically for export promotional 

activities but to provide the Committee 

with funds for its operational expenses. 

As previously stated, the assessment 

rate has not been increased since 2002. 

Since that time, there have been 

increases in the costs of goods and 

services, costs contributable to 

increasing Committee membership and 

to pay back funds taken from the reserve 

for the export market development 

program. The increase in the assessment 

rate is needed to generate larger revenue 

for the Committee to meet its expenses 

and keep its reserves at an acceptable 

level. Without the increase, the 

Committee will have to curtail its 

operational expenses including the 

export market development and 

promotion program that has[K1] been 

funded by assessments and MAP funds 

for the past several years. 

With regard to the equitability of 

some handlers paying the increased 

assessment rate while others pay no 

assessments, all cranberry handlers 

regulated under the marketing order 

will have to pay the increased 

assessment rate. Certain organic 

handlers are exempt from paying 

assessments on market promotion 

activities. However, handlers not 

regulated under the marketing order 

(such as those handlers in Canada or 

Chile) are not subject to its provisions 

and thus, do not have to pay 

assessments. 

Lastly, in regards to the commenter 

who already pays for branded 

advertising, we note that those 

advertisements promote a specific brand 

of cranberries and cranberry products. 

The Committee’s domestic and export 

promotion programs are generic and 

were developed to promote the qualities 

of cranberries and cranberry products 

for the entire cranberry industry. Both 

the generic and branded promotion of 

cranberries and cranberry products 

reach new markets/customers and 

increase demand for cranberries. Under 

the marketing order, the assessment 

obligation is imposed on handlers. 

While assessments impose some 

additional costs on handlers, the costs 

are uniform on all handlers. Some of the 

additional costs may be passed on to 

producers. However, we believe that 

these costs are offset by the benefits 

derived by the operation of the 

marketing order. 

Accordingly, no changes will be made 

to this rule based on the comments 

received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at the following Web site: 

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. 

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

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because the 2006–2007 fiscal period 

began September 1, 2006, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable cranberries handled 

during such fiscal period. Further, 

handlers are aware of this action which 

was recommended by the Committee at 

a public meeting. Also, a 30-day 

comment period was provided for in the 

proposed rule. 

List of Subjects in 7 CFR Part 929 

Cranberries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 929 is amended as 

follows: 

PART 929—CRANBERRIES GROWN IN 

THE STATES OF MASSACHUSETTS, 

RHODE ISLAND, CONNECTICUT, NEW 

JERSEY, WISCONSIN, MICHIGAN, 

MINNESOTA, OREGON, 

WASHINGTON, AND LONG ISLAND IN 

THE STATE OF NEW YORK 

■ 1. The authority citation for 7 CFR 

part 929 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 929.236 is revised to read 

as follows: 

§ 929.236 Assessment rate. 

On and after September 1, 2006, an 

assessment rate of $.28 per barrel is 

established for cranberries. 

Dated: March 23, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–5791 Filed 3–28–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Docket No. AMS–FV–06–0181; FV06–948–

2 FIR] 

Irish Potatoes Grown in Colorado; 

Modification of the Handling 

Regulation for Area No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule modifying the grade and 

maturity requirements for potatoes 

handled under the Colorado potato 

marketing order, Area No. 2. The 

marketing order regulates the handling 

of Irish potatoes grown in Colorado and 

is administered locally by the Colorado 

Potato Administrative Committee, Area 

No. 2 (Committee). This rule continues 

in effect the action that relaxed the 

minimum grade requirement from U.S. 

No. 1 grade to U.S. Commercial grade 

for all Area No. 2 potato varieties, other 

than round, red-skinned varieties, 

measuring from 11⁄2-inch minimum 

diameter to 21⁄4-inch maximum 

diameter (size B), and 1-inch minimum 

diameter to 13⁄4-inch maximum 

diameter. This rule also continues in 

effect the action that changed the date 

minimum maturity requirements are 

implemented from August 25 to August 

1 of each year. These changes are 

intended to facilitate the handling and 

marketing of Colorado Area No. 2 

potatoes. 

DATES: Effective Date: April 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

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: 

Teresa.Hutchinson@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

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: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 97 and Marketing Order No. 948, 


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Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Rules and Regulations 14655 

both as amended (7 CFR part 948), 

regulating the handling of Irish potatoes 

grown in Colorado, 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.’’

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 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 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. 

This rule adopts the interim rule that 

changed the minimum grade 

requirement for certain potatoes 

handled under the order and also 

changed the minimum maturity 

requirement implementation date. 

Specifically, this regulating action 

changed the minimum grade 

requirement from U.S. No. 1 grade to 

U.S. Commercial grade for all varieties 

of Area No. 2 potatoes, other than 

round, red-skinned potatoes, measuring 

from 11⁄2-inch minimum diameter to 

21⁄4-inch maximum diameter (size B), 

and from 1-inch minimum diameter to 

13⁄4-inch maximum diameter. 

Furthermore, the implementation date 

for the minimum maturity requirement 

was changed from August 25 to August 

1 of each year. These changes were 

recommended by the Committee at a 

meeting held on August 10, 2006. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

production area. Section 948.21 

authorizes an area committee to 

recommend to the Secretary 

modifications, suspension, or 

termination of regulations issued 

pursuant to § 948.22. 

Section 948.40 provides that 

whenever the handling of potatoes is 

regulated pursuant to §§ 948.20 through 

948.24, such potatoes must be inspected 

by the Federal-State Inspection Service, 

and certified as meeting the applicable 

requirements of such regulations. 

Under the order, the State of Colorado 

is divided into three areas of regulation 

for marketing order purposes. These 

include: Area 1, commonly known as 

the Western Slope and consisting of 

Routt, Eagle, Pitkin, Gunnison, 

Hinsdale, La Plata Counties, and all 

counties west thereof; Area 2, 

commonly known as San Luis Valley, 

consists of Sanguache, Huerfano, Las 

Animas, Mineral, Archuleta Counties, 

and all counties south thereof; and, Area 

3, which consists of the remaining 

counties in the State of Colorado not 

included in Area 1 or 2. The order 

currently regulates the handling of 

potatoes in Areas 2 and 3 only; 

regulation for Area 1 is currently not 

active. Grade, size, and maturity 

regulations specific to the handling of 

potatoes grown in Area No. 2 are 

contained in § 948.386 of the order. 

For many years, consumer demand for 

small fresh market potatoes was 

relatively soft in comparison to demand 

for larger size potatoes. Size B and 

smaller potatoes were often discarded or 

fed to livestock. Grade and size 

regulations were developed to keep 

lower quality small potatoes out of the 

fresh market. At that time, the 

Committee believed that small potatoes, 

sold at a great discount, eroded the price 

for large potatoes. By requiring small 

potatoes to grade U.S. No. 1 or better, 

the Committee believed that high 

quality small potatoes would not have 

an adverse affect on the market for 

larger potatoes. 

Recently, however, demand has 

increased for small potatoes, which 

often command premium prices 

compared to larger size A potatoes (17⁄8- 

inch and larger). With the growing 

demand for small potatoes, producers 

and handlers are concerned that they 

will not be able to supply this market 

if only U.S. No. 1 or better grade can be 

shipped under the order. The Colorado 

Area No. 2 potato industry has received 

requests from customers for additional 

small potatoes that grade U.S. 

Commercial or better. This action assists 

Area No. 2 handlers in meeting their 

buyers’ needs. 

Committee statistics show that 

approximately 62 percent of the entire 

potato crop in Area No. 2 grades U.S. 

No. 1 or better. However, the percentage 

of Size B and smaller potatoes meeting 

U.S. No. 1 grade is only about 50 

percent. The reason for the lower 

percentage of smaller potatoes is that 

potato defects are scored based on the 

percentage of surface area affected on 

the individual potato. Because Size B 

and smaller potatoes have less surface 

area, any defect inspected comprises a 

larger part of the total surface being 

scored relative to larger sized potatoes. 

For example, a cut on a large potato may 

not affect a large enough surface area to 

be a scorable defect, but the same size 

cut would be scorable on a smaller 

potato. Under such circumstances, it 

would be much harder for a small 

potato to meet the U.S. No. 1 grade than 

it would for a large potato. The U.S. 

Commercial grade allows a slightly 

higher percentage of total defects than 

the U.S. No. 1 grade. 

By changing the grade requirement to 

allow size B potatoes and potatoes 

measuring from 1-inch minimum 

diameter to 13⁄4-inch maximum 

diameter (commonly referred to as 

‘‘creamers’’ by the potato industry) to 

meet U.S. Commercial grade or better, 

the Committee believes more small 

potatoes would be available to meet 

increasing demand, and thus help 

increase returns to producers. Not only 

would more small potatoes enter the 

market, small potatoes typically sell for 

a premium price in today’s marketplace. 

This change does not affect round, redskinned potato varieties in the size B 

and 1-inch minimum diameter to 13⁄4- 

inch maximum diameter size, which 

would continue to meet U.S. No. 1 grade 

or better. The majority of round, redskinned potato varieties produced in 

Area No. 2 supply the food service or 

restaurant market. This market demands 

high quality (U.S. No. 1 or better) round, 

red-skinned potatoes. Therefore, the 

Committee recommended that the grade 

requirement for varieties of round, redskinned potatoes in these size categories 

remain U.S. No. 1 grade or better. 

The Committee believes that by 

allowing small potatoes to meet the 

more relaxed U.S. Commercial grade 

instead of U.S. No. 1 grade, available 

volume for sale into the fresh market 

could increase by about 23 percent. 

Although facing an increasing 

demand, the market for small potatoes 

is a minor segment of the market served 

by the Area No. 2 production area. As 

a consequence, the Committee believes 

that the smaller potatoes do not compete 

directly with the predominant large 

potatoes produced in this area, and that 

the relaxation of the grade requirement 

would not adversely effect the overall 

Area No. 2 potato market. 


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14656 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Rules and Regulations 

This final rule also adopts from the 

interim rule the change in the minimum 

maturity requirement implementation 

date from August 25 to August 1. The 

specified ending date of October 31 for 

the minimum maturity requirement 

remains unchanged, as do the actual 

minimum maturity requirements that 

U.S. No. 2 grade potatoes are not more 

than ‘‘moderately skinned’’ and that all 

other grades are not more than ‘‘slightly 

skinned’’ (as defined in the U.S. 

Standards for Grades of Potatoes). 

The Committee recommended that the 

implementation date be moved to 

August 1 due to the increased use of 

early maturing potato varieties in this 

area of Colorado and earlier harvest 

requirements. Since the skin on most 

potato varieties has not substantially 

‘‘set’’, or toughened, early in the season, 

potato skins have a tendency to more 

easily scrape off during harvest and the 

subsequent handling and packing 

process. By having the maturity 

requirements in place at the beginning 

of harvest, there is added assurance that 

a quality product will reach the 

consumer. 

Final 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 

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 approximately 80 handlers 

of Colorado Area No. 2 potatoes subject 

to regulation under the order and 

approximately 200 producers in the 

regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $6,500,000, and 

small agricultural producers are defined 

as those having annual receipts of less 

than $750,000. 

During the 2005–2006 marketing year, 

17,213,202 hundredweight of Colorado 

Area No. 2 potatoes were inspected 

under the order and sold into the fresh 

market. Based on an estimated average 

f.o.b. price of $11.45 per 

hundredweight, the Committee 

estimates that 73 Area No. 2 handlers, 

or about 91 percent, had annual receipts 

of less than $6,500,000. In view of the 

foregoing, the majority of Colorado Area 

No. 2 potato handlers may be classified 

as small entities. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Colorado fall potatoes for 2005 

was $9.25 per hundredweight. The 

average annual fresh potato revenue for 

each of the 200 Colorado Area No. 2 

potato producers is therefore calculated 

to be approximately $796,112. 

Consequently, on average, the majority 

of the Area No. 2 Colorado potato 

producers may not be classified as small 

entities. 

Excluding round, red-skinned potato 

varieties, this rule continues in effect 

the action that relaxed the minimum 

grade requirement from U.S. No. 1 grade 

to U.S. Commercial grade for Area No. 

2 potatoes measuring from 11⁄2-inch 

minimum diameter to 21⁄4-inch 

maximum diameter (size B), and 1-inch 

minimum diameter to 13⁄4-inch 

maximum diameter. This rule also 

continues in effect the action that 

changed the date minimum maturity 

requirements are implemented from 

August 25 to August 1 of each year. 

Authority for this action is contained in 

§§ 948.21, 948.22, 948.40, and 948.386. 

Since the grade relaxation is expected 

to benefit producers, handlers and 

consumers, any potential impact from 

this action would be positive. By 

allowing these small potatoes to meet 

U.S. Commercial grade or better, a 

potentially greater quantity of potatoes 

will meet the order’s handling 

regulation. This is expected to translate 

into an increased market for small 

potatoes and thus greater returns for 

handlers and producers and more 

product choice for consumers. Further, 

small potatoes are a minor segment of 

the potato market served by the Area 

No. 2 production area. As such, the 

Committee believes that small potatoes 

do not compete directly with most of 

the potatoes produced in this area and 

that the grade requirement relaxation 

will not adversely effect the overall Area 

No. 2 potato market. 

Based on Committee records, roughly 

half of Area No. 2 handlers ship size B 

and smaller potatoes. Committee 

records also indicate that during the 

2004–2005 fiscal period approximately 

165,000 hundredweight (less than 1 

percent of the total shipments) of size B 

and smaller were inspected and 

shipped. As a result of this rule, the 

Committee estimates that the marketable 

supply of size B and smaller potatoes 

will increase by 23 percent and add 

37,950 hundredweight to the marketable 

supply of Area No. 2 potatoes. 

As previously noted, this relaxation 

does not affect round, red-skinned 

potatoes in the same size categories. 

These potatoes will continue to packout as U.S. No. 1 grade or better to 

satisfy the quality conscious food 

service and restaurant markets. 

The action that changed the minimum 

maturity requirement implementation 

date to August 1 merely updated the 

regulations so that they are in-line with 

current cultural practices. Thus, any 

impact from this change on the 

producers, handlers, and consumers of 

Colorado potatoes is expected to be 

positive since assurance is being added 

that quality product—a product without 

undue skinning—will be packed and 

shipped into the market. The Committee 

supports the concept that a quality 

product promotes consumer confidence, 

thereby helping to protect producer 

returns. 

After discussing possible alternatives 

to this rule, the Committee determined 

that a relaxation in the grade 

requirement to U.S. Commercial grade 

or better for certain small potatoes 

would sufficiently meet the industry’s 

current needs. The relaxation in the 

grade requirement for the affected small 

potatoes is expected to provide the 

greatest benefit to the industry by 

augmenting the developing market for 

these potatoes and thereby increasing 

producer returns. During its 

deliberations, the Committee also 

considered relaxing the grade 

requirement for small, round, redskinned potato varieties. However, food 

service and restaurant market segments 

have a preference for round, redskinned potatoes and demand high 

quality potatoes (U.S. No. 1 grade or 

better). The Committee, therefore, found 

that there were no other viable 

alternatives for the grade change except 

as recommended. Lastly, the maturity 

requirement implementation date 

change merely brings the regulations inline with current cultural practices, and 

therefore, the Committee did not 

consider further alternatives to this 

recommended change. 

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. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 


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Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Rules and Regulations 14657 

reduce information requirements and 

duplication by industry and public 

sector agencies. In addition, as noted in 

the initial regulatory flexibility analysis, 

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 

Colorado potato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the August 10, 

2006, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on December 27, 2006 (71 FR 

77583). Committee staff sent copies of 

the rule to all Committee members and 

Area No. 2 handlers. In addition, the 

rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. That rule provided for 

a 60-day comment period which ended 

February 26, 2007. 

One comment was received. The 

commenter stated that regulations were 

necessary, but believed that all potatoes 

should have the same requirements. 

However, the Committee believes that 

there are specific markets for certain 

varieties of potatoes, so requirements 

should be specific to the variety of 

potato. For example, some varieties of 

potatoes are better suited for the fresh 

market than the French fry or processed 

potato market. Furthermore, marketing 

order 948, Area No. 2, only regulates the 

handling of potatoes grown in Area No. 

2 of Colorado, and not other U.S. potato 

producing areas. 

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 

Committee’s recommendation, and 

other information, it is hereby found 

that finalizing the interim final rule, 

without change, as published in the 

Federal Register (71 FR 77583, 

December 27, 2006), will tend to 

effectuate the declared policy of the Act. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ Accordingly, the interim final rule 

amending 7 CFR part 948 which was 

published at 71 FR 77583 on December 

27, 2006, is adopted as a final rule 

without change. 

Dated: March 23, 2007. 

Kenneth C. Clayton, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–5817 Filed 3–28–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Docket Nos. AMS–FV–06–0188; FV07–985–

1 FR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Salable Quantities and 

Allotment Percentages for the 2007–

2008 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule establishes the 

quantity of spearmint oil produced in 

the Far West, by class that handlers may 

purchase from, or handle for, producers 

during the 2007–2008 marketing year, 

which begins on June 1, 2007. This rule 

establishes salable quantities and 

allotment percentages for Class 1 

(Scotch) spearmint oil of 886,667 

pounds and 45 percent, respectively, 

and for Class 3 (Native) spearmint oil of 

1,062,336 pounds and 48 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: Effective Date: This final rule 

becomes effective June 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Susan M. Hiller, Marketing Specialist, 

or Gary D. 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: 

Susan.Hiller@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

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: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

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.’’ This order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final 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 final 

rule establishes the quantity of 

spearmint oil produced in the Far West, 

by class, which may be purchased from 

or handled for producers by handlers 

during the 2007–2008 marketing year, 

which begins on June 1, 2007. 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 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. 

Pursuant to authority in §§ 985.50, 

985.51, and 985.52 of the order, the 

Committee, with all eight members 


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