1246 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations

* * * * *

(g) It is hereby determined, on the

basis of the information currently

available, that the minimum quality

requirements and size requirements set

forth in this part are comparable to

those applicable to California canned

ripe olives.

* * * * *

(j) The minimum quality, size, and

maturity requirements of this section

shall not be applicable to olives

imported for charitable organizations or

processing for oil, but shall be subject to

the safeguard provisions contained in

§ 944.350.

Dated: December 31, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–449 Filed 1–8–97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 985

[FV96–985–3 IFR]

Spearmint Oil Produced in the Far

West; Revision of the Salable Quantity

and Allotment Percentage for Class 3

(Native) Spearmint Oil for the 1996–97

Marketing Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

increases the quantity of Class 3 (Native)

spearmint oil produced in the Far West

that handlers may purchase from, or

handle for, producers during the 1996–

97 marketing year. This rule was

recommended by the Spearmint Oil

Administrative Committee (Committee),

the agency responsible for local

administration of the marketing order

for spearmint oil produced in the Far

West. The Committee recommended

this rule to avoid extreme fluctuations

in supplies and prices and thus help to

maintain stability in the Far West

spearmint oil market.

DATES: Effective on January 9, 1997

through May 31, 1997; comments

received by February 10, 1997 will be

considered prior to issuance of a final

rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525, South Building, P.O.

Box 96456, Washington, DC 20090–

6456; Fax: (202) 720–5698. All

comments should reference the docket

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.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2043; Fax: (503) 326–7440; or

Caroline C. Thorpe, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2525, South Building, P.O. Box 96456,

Washington, DC 20090–6456; telephone:

(202) 720–8139; Fax: (202) 720–5698.

Small businesses may request

information on compliance with this

regulation by contacting: Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491; Fax: (202)

720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order No.

985 (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.’’ 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

(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 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

Native spearmint oil produced in the

Far West that may be purchased from or

handled for producers by handlers

during the 1996–97 marketing year,

which ends on May 31, 1997. 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. A

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 date of the entry

of the ruling.

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. The U.S.

production of spearmint oil is

concentrated in the Far West, primarily

Washington, Idaho, and Oregon (part of

the area covered by the order).

Spearmint oil is also produced in the

Midwest. The production area covered

by the order normally accounts for

approximately 75 percent of the annual

U.S. production of spearmint oil.

This rule increases the quantity of

Native spearmint oil that handlers may

purchase from, or handle for, producers

during the 1996–97 marketing year,

which ends on May 31, 1997. This rule

increases the salable quantity from

1,074,902 pounds to 1,213,692 pounds

and the allotment percentage from 54

percent to 61 percent for Native

spearmint oil for the 1996–97 marketing

year.

The salable quantity is the total

quantity of each class of oil that

handlers may purchase from, or handle

for, producers during a marketing year.

The salable quantity calculated by the

Committee is based on the estimated

trade demand. 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 initial salable quantity and

allotment percentages for Scotch and

Native spearmint oils for the 1996–97

marketing year were recommended by

the Committee at its September 26,

1995, meeting. The Committee

recommended salable quantities of

989,303 pounds and 1,074,902 pounds,

and allotment percentages of 55 percent

and 54 percent, respectively, for Scotch

and Native spearmint oils. A proposed

rule was published in the January 24,

1996, issue of the Federal Register (61
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations 1247

FR 1855). Comments on the proposed

rule were solicited from interested

persons until February 23, 1996. No

comments were received. Accordingly,

based upon analysis of available

information, a final rule establishing the

salable quantities and allotment

percentages for Scotch and Native

spearmint oils for the 1996–97

marketing year was published in the

March 20, 1996, issue of the Federal

Register (61 FR 11291).

Pursuant to authority contained in

sections 985.50, 985.51, and 985.52 of

the order, at its November 14, 1996,

meeting, the Committee unanimously

recommended that the allotment

percentage for Native spearmint oil for

the 1996-97 marketing year be increased

by 7 percent from 54 percent to 61

percent. The 1996–97 marketing year

salable quantity of 1,074,902 pounds

will therefore be increased to 1,213,692

pounds.

However, some Native spearmint oil

producers did not produce all of their

individual salable quantities for the

1996–97 marketing year, or fill their

deficiencies from the prior year’s

production. The marketing order

authorizes such producers to have their

deficiencies filled by other producers

who have production in excess of their

salable quantities. This is optional for

producers, but must be done before

November 1 of each marketing year.

The original total industry allotment

base for Native spearmint oil for 1996–

97 was established at 1,990,559 pounds

and was revised to 1,989,659 pounds to

reflect loss of base due to nonproduction of producer’s total annual

allotments. This adjustment resulted in

a 900 pound loss of total industry base,

which is reflected in the calculations for

the revised salable quantity.

This interim final rule makes an

additional amount of Native spearmint

oil available by increasing the salable

quantity which releases oil from the

reserve pool. Only producers with

Native spearmint oil in the reserve pool

will be able to use this increase in the

salable quantity. Prior to November 1,

1996, producers without reserve pool oil

or producers with an insufficient supply

of reserve oil could have deficiencies in

meeting their salable quantities filled by

producers having excess Native

spearmint oil. If all producers could use

their salable quantity, this 7 percent

increase in the allotment percentage

would have made an additional 135,276

pounds of Native spearmint oil available

(1,989,659 × 7 percent). However,

Native spearmint oil producers having

25,546 pounds of Native spearmint oil

will not be able to use their reserve pool

deficiencies this marketing year.

Deficiencies usually exist because of

unplanned problems that may reduce

spearmint production. Thus, rather than

135,276 additional pounds being made

available, this action makes 113,730

additional pounds of Native spearmint

oil available to the market.

The following table summarizes the

Committee recommendation:

NATIVE SPEARMINT OIL RECOMMENDATION

(a) Actual Carry In on June 1, 1996 ............................................................................................................................... 45,632 pounds.

(b) 1995–96 Salable Quantity ......................................................................................................................................... 1,074,902 pounds.

(c) 1995–96 Available Supply ......................................................................................................................................... 1,120,534 pounds (a + b).

(d) Total Sales as of November 14, 1996 ...................................................................................................................... 1,036,058 pounds.

(e) Calculated Available Supply as of November 14, 1996 ........................................................................................... 84,476 pounds ((c¥d).

(f) Reserve Deficiency Affecting Salable Quantity ......................................................................................................... 25,546 pounds.

(g) Revised Total Allotment Base ................................................................................................................................... 1,989,659 pounds.

(h) Recommended Allotment Percentage as of November 14, 1996 ............................................................................ 61 percent.

(i) Calculated Revised Salable Quantity ......................................................................................................................... 1,213,692 pounds (g x h).

(j) Actual Oil Available as Salable Quantity .................................................................................................................... 1,188,146 pounds (i¥f).

In making this latest recommendation,

the Committee considered all available

information on supply and demand. The

1996–97 marketing year began on June

1, 1996. Handlers have indicated that

with this action, the available supply of

both Scotch and Native spearmint oils

appears adequate to meet anticipated

demand through May 31, 1997. Without

the increase, the Committee believes the

industry would not be able to meet

market needs. As of November 14, 1996,

84,476 pounds of Native spearmint oil

was available for market. Demand for

Native spearmint oil from December 1 to

May 31 over the past five years has

ranged from a high of 245,661 pounds

in 1991–92 to a low of 92,658 pounds

in 1992–93. The five year average is

157,531 pounds. Therefore, based on

past history the industry would be

unlikely to meet market demand

without this change. When the

Committee made its initial

recommendation for the establishment

of the Native spearmint oil salable

quantity and allotment percentage for

the 1996–97 marketing year, it had

anticipated that the year would end

with an ample available supply. This

revision adds 113,730 pounds of Native

spearmint oil to the amount available

for market during the remainder of the

1996–97 marketing year.

The Department, based on its analysis

of available information, has determined

that an allotment percentage of 61

percent should be established for Native

spearmint oil for the 1996–97 marketing

year. This percentage will provide an

increased salable quantity of 1,213,692

and a new allotment percentage from 54

percent to 61 percent for Native

spearmint oil for the 1996–97 marketing

year.

This rule relaxes the regulation of

Native spearmint oil and will allow

growers to meet market needs and

improved returns. In conjunction with

the issuance of this rule, the Department

has reviewed the Committee’s revised

marketing policy statement for the

1996–97 marketing year. The

Committee’s marketing policy statement

has been reviewed under the provisions

as set forth in 7 CFR §985.50 and with

other USDA guidelines.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA),

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 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 8 spearmint oil handlers

subject to regulation under the

marketing order and approximately 250

producers of spearmint oil in the

regulated production area. Of the 250

producers, approximately 135 producers

hold Class 1 (Scotch) oil allotment base,

and approximately 115 producers hold
1248 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations

Class 3 (Native) oil allotment base.

Small agricultural service firms are

defined by the Small Business

Administration (13 CFR 121.601) as

those having annual receipts of less than

$5,000,000, and small agricultural

producers have been defined as those

whose annual receipts are less than

$500,000.

This interim final rule increases the

quantity of Native spearmint oil

produced in the Far West that handlers

may purchase from, or handle for,

producers during the 1996–97

marketing year. This rule was

recommended by the Committee, the

agency responsible for local

administration of the marketing order

for spearmint oil produced in the Far

West. Pursuant to authority contained in

sections 985.50, 985.51, and 985.52 of

the order, at its November 14, 1996,

meeting, the Committee unanimously

recommended that the allotment

percentage for Native spearmint oil for

the 1996–97 marketing year be

increased by 7 percent from 54 percent

to 61 percent. The 1996–97 marketing

year salable quantity of 1,074,902

pounds will therefore be increased to

1,213,692 pounds. The Committee

recommended this rule to avoid extreme

fluctuations in supplies and prices and

thus help to maintain stability in the Far

West spearmint oil market.

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. Crop

rotation is an essential cultural practice

in the production of spearmint for weed,

insect, and disease control. A normal

spearmint producing operation would

have enough acreage for rotation such

that the total acreage required to

produce the crop would be about onethird spearmint and two-thirds

rotational crops. An average spearmint

producing farm would thus have to have

considerably more acreage than would

be planted to spearmint during any

given season. To remain economically

viable with the added costs associated

with spearmint production, most

spearmint producing farms would fall

into the category of large businesses.

Based on the Small Business

Administration’s definition of small

entities, the Committee estimates that

none of the eight handlers regulated by

the order would be considered small

entities as all are national and

multinational corporations involved in

the buying and selling of essential oils

and the products of such essential oils.

The Committee also estimates that 20 of

the 135 Scotch spearmint oil producers

and 10 of the 115 Native spearmint oil

producers would be classified as small

entities. This is based on production

information gathered from assessments.

Thus, a majority of handlers and

producers of Far West spearmint oil

may not be classified as small entities.

Small spearmint oil producers

represent a minority of farming

operations and are more vulnerable to

market fluctuations. Such small farmers

generally need to market their entire

annual crop and do not have the

resources 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 of

stronger incomes from alternate crops

which could support the operation for a

period of time. Despite the advantage of

larger producers, increasing the Native

salable quantity and allotment

percentage will help both large and

small producers by improving returns.

In addition, this change may potentially

benefit the small producer more than

large producers. This is because the

change ensures that small producers are

more likely to maintain a profitable cash

flow and meet annual expenses.

Alternatives to this rule included not

to increase the available supply of

Native spearmint oil, which could

potentially hurt small producers. The

Committee reached its recommendation

to increase the salable quantity and

allotment percentage for Native class oil

after careful consideration of all

available information, and believes that

the level recommended will achieve the

objectives sought. Without the increase,

the Committee believes the industry

would not be able to meet market needs.

As of November 14, 1996, 84,476

pounds of Native spearmint oil was

available for market. Demand for Native

spearmint oil from December 1 to May

31 over the past five years has ranged

from a high of 245,661 pounds in 1991–

92 to a low of 92,658 pounds in 1992–

93. The five year average is 157,531

pounds. Therefore, based on past

history the industry would be unlikely

to meet market demand without this

change.

Annual salable quantities and

allotment percentages have been issued

for both classes of spearmint oil since

the order’s inception. Reporting and

recordkeeping requirements have

remained the same for each year of

regulation. Accordingly, this action will

not impose any additional reporting or

recordkeeping requirements on either

small or large spearmint oil producers

and handlers. All reports and forms

associated with this program are

reviewed periodically in order to avoid

unnecessary and duplicitous

information collection by industry and

public sector agencies. The Department

has not identified any relevant Federal

rules that duplicate, overlap, or conflict

with this rule.

Finally, the Committee’s meeting was

widely publicized throughout the

spearmint oil industry and all interested

persons were invited to attend and

participate on all issues. Interested

persons are also invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

After consideration of all relevant

matter presented, including that

contained in the prior proposed and

final rules in connection with the

establishment of the salable quantities

and allotment percentages for Scotch

and Native spearmint oils for the 1996–

97 marketing year, the Committee’s

recommendation and other available

information, it is found that to revise

section 985.215 (61 FR 11291) to change

the salable quantity and allotment

percentage for Native spearmint oil, 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 Native spearmint oil that

may be marketed during the marketing

year which began on June 1, 1996; (2)

The quantity of Native spearmint

planted for the 1997–98 marketing year

may be affected, thus handlers and

producers should be apprised as soon as

possible of the salable quantity and

allotment percentage of Native

spearmint oil contained in this interim

final rule; (3) the Committee

unanimously recommended this change

at a public meeting and interested

parties had an opportunity to provide

input; and (4) This rule provides a 30-

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:
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Rules and Regulations 1249

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. Section 985.215 is amended by

revising paragraph (b) to read as follows:

Note: This section will not appear in the

annual Code of Federal Regulations.

§985.215 Salable quantities and allotment

percentages 1996–97 marketing year.

* * * * *

(b)Class 3 (Native) oil—a salable

quantity of 1,213,692 pounds and an

allotment percentage of 61 percent.

Dated: January 3, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–450 Filed 1–8–97; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Parts 997, 998, and 999

[Docket Nos. FV96–997–1 FR; FV96–998–

4 FR and FV96–999–3 FR]

Peanuts Marketed in the United States;

Changes in Handling and Disposition

Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule relaxes, for 1996

and subsequent crop peanuts, several

provisions regulating the handling and

disposition of domestically and foreignproduced peanuts marketed in the

United States. The rule eliminates

several requirements covering the

disposition of inedible peanuts. At the

same time, it provides safeguard

measures including amendments to the

aflatoxin provisions to prevent inedible

peanuts from entering human

consumption outlets. The rule increases

opportunities for reconditioning failing

peanut lots and reduces inspection and

handling costs to handlers and

importers. The changes were

recommended by the Peanut

Administrative Committee (Committee),

the administrative agency which

oversees the quality assurance program

under Peanut Marketing Agreement No.

146 (7 CFR Part 998, Agreement). By

law, the same or similar regulations

issued under the Agreement also must

be issued under Part 997 regulating nonsignatory peanut handlers, and Part

999.600 regulating peanut importers.

This rule includes changes

recommended by the Department to

help ensure effective safeguard

measures. The changes should enable

the industry to be more competitive in

the changing international peanut

market.

EFFECTIVE DATES: 1. Sections 997.20,

997.30, 997.40, 997.50, 997.51, 997.52,

997.53, 997.54, 998.100, and 998.200 are

effective January 13, 1997. Section

999.600 is effective January 14, 1997.

FOR FURTHER INFORMATION CONTACT: Jim

Wendland, Marketing Specialist,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2525–S, Washington, D.C. 20090–6456;

telephone: (202) 720–2170, or fax: (202)

720–5698. Small businesses may request

information on compliance with this

regulation by contacting: Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2525–S, Washington, D.C., 20090–6456;

telephone: (202) 720–2491, fax: (202)

720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Peanut Marketing

Agreement No. 146 (7 CFR Part 998); the

non-signatory handler peanut regulation

(7 CFR Part 997); and the peanut import

regulation published in the June 19,

1996, issue of the Federal Register (61

FR 31306, 7 CFR Part 999.600). These

programs regulate the quality of

domestically produced peanuts handled

by Agreement signers and non-signers

as well as imported peanuts. The first

two Parts are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the ‘‘Act.’’ Part

999 is effective under section 108B(f)(2)

of the Agricultural Act of 1949, as

amended (7 U.S.C. 1445c–3).

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This final rule

will not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

Domestic peanut production in 1995

was 1.76 million tons, with a farm value

of slightly over $1 billion.

The objective of the two domestic

programs and the import regulation is to

ensure that only high quality and

wholesome peanuts enter human

consumption markets in the United

States. About 70 percent of domestic

handlers, handling approximately 95

percent of the crop, have signed the

Agreement. The remaining 30 percent

are non-signatory handlers handling the

remaining 5 percent of domestic

production. The 1995 duty-free import

quota was equal to approximately 2

percent of 1995 domestic production.

Under the three regulations, farmers

stock peanuts with visible Aspergillus

flavus mold (the principal source of

aflatoxin) are required to be diverted to

inedible uses. Each lot of milled peanuts

must be sampled and the samples

chemically analyzed for aflatoxin

content. Costs to administer the

Agreement and to reimburse the

Department for oversight of the nonsignatory program are paid by an

assessment levied on handlers in the

respective programs.

The Committee, which is composed of

producers and handlers of peanuts,

meets at least annually to review the

Agreement’s rules and regulations,

which are effective on a continuous

basis from one year to the next.

Committee meetings are open to the

public, and interested persons may

express their views at these meetings.

The Department assesses Committee

recommendations, as well as

information from other sources, prior to

making any recommended changes to

the regulations under the Agreement.

Public Law 101–220 amended section

608b of the Act in 1989 to require that

all peanuts handled by persons who

have not entered into the Agreement

(non-signers) be subject to the same

quality and inspection requirements to

the same extent and manner as are

required under the Agreement. The nonsignatory handler regulations have been

amended several times thereafter and

are published in 7 CFR part 997.

Similarly, recent amendments to the

Agricultural Act of 1949 require that all

foreign produced peanuts in the

domestic market fully comply with all

quality standards under the Agreement.

Section 999.600—Specialty Crops;

Import Regulations was added to 7 CFR

part 999 on June 19, 1996 (61 FR 31306),

to establish minimum quality,

identification, certification and

safeguard requirements for foreignproduced farmers stock, shelled and

cleaned-inshell peanuts presented for

importation into the United States.

Thus, the changes to the Agreement’s

regulations, as established in this final

rule, also are established for the peanut

non-signer and import regulations.

According to the Committee, the

domestic peanut industry is undergoing

a period of great change. The Committee

bases its view, in part, on findings in a