4204 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 

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) Any changes resulting from 

this rule should be effective as soon as 

practicable because the OregonWashington pear shipping season began 

in August; (2) the Committee discussed 

and unanimously recommended this 

change at a public meeting and all 

interested parties had an opportunity to 

provide input; (3) this action is a 

relaxation of the handling regulations 

that is intended to benefit pear handlers 

while facilitating the sale of fresh, local 

pears directly to consumers; (4) the 

industry is aware of this action and 

wants to take advantage of the 

relaxation during this shipping season; 

and (5) 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 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 927 is amended as 

follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. A new § 927.122 is added to read 

as follows: 

§ 927.122 Consumer direct pear sales. 

Notwithstanding any other provision 

of this section, fresh pears may be 

handled without regard to the 

provisions of §§ 927.41, 927.51, 927.60, 

and 927.70 under the following 

conditions: 

(a) Such pears are sold in person and 

sold directly to consumers on the 

premises where grown, at packing 

facilities, at roadside stands, or at 

farmers’ markets. 

(b) Such pears are for home use only 

and are not for resale. 

(c) The total quantity of such pears 

sold to each consumer during any single 

transaction does not exceed 220 pounds. 

Dated: January 19, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–1508 Filed 1–24–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Docket Nos. AMS–FV–09–0082; FV10–985– 

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 3 (Native) Spearmint Oil for the 

2010–2011 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule revises the quantity 

of Class 3 (Native) spearmint oil that 

handlers may purchase from, or handle 

on behalf of, producers during the 

2010–2011 marketing year. This rule 

increases the Native spearmint oil 

salable quantity from 980,220 pounds to 

1,118,639 pounds, and the allotment 

percentage from 43 percent to 50 

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 unanimously 

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, 2010, through 

May 31, 2011; comments received by 

March 28, 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 Antoinette 

Carter, 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: 

Antoinette.Carter@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 

Native spearmint oil produced in the 

Far West that handlers may purchase 

from, or handle on behalf of, producers 

during the 2010–2011 marketing year, 

which ends on May 31, 2011. 

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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 4205 

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 2010–2011 

marketing year were recommended by 

the Committee at its October 14, 2009, 

meeting. The Committee recommended 

salable quantities of 566,962 pounds 

and 980,265 pounds, and allotment 

percentages of 28 percent and 43 

percent, respectively, for Scotch and 

Native spearmint oil. A proposed rule 

was published in the Federal Register 

on March 22, 2010 (75 FR 13445). 

Comments on the proposed rule were 

solicited from interested persons until 

April 6, 2010. No comments were 

received. Subsequently, a final rule 

establishing the salable quantities and 

allotment percentages for Scotch and 

Native spearmint oil for the 2010–2011 

marketing year was published in the 

Federal Register on May 18, 2010 (75 

FR 27631). 

This rule revises the quantity of 

Native spearmint oil that handlers may 

purchase from, or handle on behalf of, 

producers during the 2010–2011 

marketing year, which ends on May 31, 

2011. Pursuant to authority contained in 

§§ 985.50, 985.51, and 985.52 of the 

order, the full eight member Committee 

met on November 19, 2010, to consider 

pertinent market information on the 

current supply, demand, and price of 

spearmint oil. In a vote with seven 

members in favor and one member 

opposed, the Committee recommended 

that the 2010–2011 Native spearmint oil 

allotment percentage be increased by 7 

percent, from 43 percent to 50 percent. 

The Committee member that voted 

against the increase did so without 

further explanation. 

Thus, taking into consideration the 

following discussion on adjustments to 

the Native spearmint oil salable 

quantities, this rule increases the 2010– 

2011 marketing year salable quantities 

and allotment percentages for Native 

spearmint oil to 1,118,639 pounds and 

50 percent. 

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 

Native spearmint oil for the 2010–2011 

marketing year was estimated by the 

Committee at the October 14, 2009, 

meeting at 2,279,687 pounds. This 

number was later revised at the 

beginning of the 2010–2011 marketing 

year to 2,279,439 pounds to reflect a 

2009–2010 marketing year reduction of 

248 pounds. 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 248 pound reduction in allotment 

base reflects the total base surrendered 

by all producers due to the nonproduction of those producers’ total 

annual allotments during the 2009–2010 

marketing year. 

When the revised total allotment base 

of 2,279,439 pounds is applied to the 

originally established allotment 

percentage of 43 percent, the initially 

established 2010–2011 marketing year 

salable quantity of 980,265 pounds is 

effectively modified to 980,220 pounds. 

By increasing the salable quantity and 

allotment percentage, this rule makes an 

additional amount of Native spearmint 

oil available by releasing oil from the 

reserve pool. As of May 31, 2010, the 

Committee estimated the reserve pool to 

be 506,725 pounds. 

When the allotment percentage 

increase established by this rule is 

applied to each individual producer, 

that producer may take up to an amount 

equal to such allotment from their 

reserve for this respective class of oil. 

Producers that do not have excess oil in 

reserve on November 1, 2010, equal to 

or greater than that individual’s 

respective pro rata increase in the 

salable quantity allotment will not be 

able to exercise the full marketing rights 

associated with such an increase. Also, 

pursuant to §§ 985.56 and 985.156, 

producers with excess oil are not able to 

transfer such excess oil to other 

producers to fill deficiencies in annual 

allotments after October 31 of each 

marketing year. As a result, the 

Committee has calculated that 

deficiencies in individual producer’s oil 

reserves result in an industry total of 

21,081 pounds of salable quantity that 

will not enter the market. 

Therefore, the 7 percent increase in 

the salable percentage established by 

this rule would result in a total 2010– 

2011 marketing year salable quantity of 

1,118,639 pounds of Native spearmint 

oil. This reflects an additional 138,419 

pounds made available to the market by 

this rule. 

The following summarizes the 

Committee recommendations: 

Native Spearmint Oil Recommendation 

(A) Estimated 2010–2011 Allotment 

Base—2,279,687 pounds. This is the 

estimate on which the original 2010– 

2011 Native spearmint oil salable 

quantity and allotment percentage was 

based. 

(B) Revised 2010–2011 Allotment 

Base—2,279,439 pounds. This is 248 

pounds less than the estimated 

allotment base of 2,279,687 pounds. 

This is less because some producers 

failed to produce all of their 2009–2010 

allotment. 

(C) Original 2010–2011 Allotment 

Percentage—43 percent. This was 

unanimously recommended by the 

Committee on October 14, 2009. 

(D) Original 2010–2011 Salable 

Quantity—980,265 pounds. This figure 

is 43 percent of the estimated 2010– 

2011 allotment base of 2,279,687. 

(E) Adjustment to the Original 2010– 

2011 Salable Quantity—980,220 

pounds. This figure reflects the salable 

quantity initially available at the 

beginning of the 2010–2011 marketing 

year due to the 248 pound reduction in 

the industry allotment base to 2,279,439 

pounds. 

(F) Current Revision to the 2010–2011 

Salable Quantity and Allotment 

Percentage: 

(1) Increase in Allotment Percentage— 

7 percent. The Committee 

recommended a 7 percent increase at its 

November 19, 2010, meeting. 

(2) 2010–2011 Allotment Percentage— 

50 percent. This figure is derived by 

adding the increase of 7 percent to the 

original 2010–2011 allotment 

percentage of 43 percent. 

(3) Calculated Revised 2010–2011 

Salable Quantity—1,118,639 pounds. 

This figure is 50 percent of the revised 

2010–2011 allotment base of 2,279,439 

pounds, less the 21,081 pounds that are 

not covered by individual producer’s 

reserves. 

(4) Computed Increase in the 2010– 

2010 Salable Quantity—138,419 

pounds. This figure is 7 percent of the 

revised 2010–2011 allotment base of 

2,279,439 pounds less the 21,081 pound 

reserve deficiency. 


srobinson on DSKHWCL6B1PROD with RULES
4206 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 

The 2010–2011 marketing year began 

on June 1, 2010, with an estimated 

carry-in of 343,517 pounds of salable 

Native spearmint oil. When the 

estimated carry-in is added to the 

revised 2010–2011 salable quantity of 

1,118,639 pounds, the result is a total 

estimated available supply of Native 

spearmint oil for the 2010–2011 

marketing year of 1,462,156 pounds. Of 

this amount, 1,112,292 pounds of oil 

has already been sold or committed for 

the 2010–2011 marketing year, which 

leaves 349,864 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 2010–2011 Native 

spearmint oil salable percentage by 7 

percent, an estimated additional 

138,419 pounds will be made available 

to the market. This amount combined 

with the 211,445 pounds currently 

available, will make a total of 349,864 

pounds available to the market and 

bring the total available supply for the 

year to 1,462,156 pounds. The handlers 

are estimating that the demand for 

2010–2011 year may be 1,133,333 

pounds, which would leave 328,823 

pounds as a carry out at the end of the 

year. 

However, when the Committee made 

its original recommendation for the 

establishment of the Native spearmint 

oil salable quantity and allotment 

percentage for the 2010–2011 marketing 

year, it had anticipated that the year 

would end with an ample available 

supply. In the interim, the Native 

spearmint market experienced dynamic 

changes in the supply and demand of 

oil. The Committee believes that the 

current available supply is insufficient 

to satisfy current demand at reasonable 

price levels. Therefore, the industry may 

not be able to adequately meet market 

demand without this increase. 

Based on its analysis of available 

information, USDA has determined that 

the salable quantity and allotment 

percentage for Native spearmint oil for 

the 2010–2011 marketing year should be 

increased to 1,118,639 pounds and 50 

percent, respectively. 

This rule relaxes the regulation of 

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 2010–2011 

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 2010–2011 

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 increase in the Native spearmint 

oil salable quantity and allotment 

percentage allows for anticipated market 

needs for this class 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 38 producers of 

Scotch spearmint oil and approximately 

84 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 

19 of the 38 Scotch spearmint oil 

producers and 29 of the 84 Native 

spearmint oil producers could be 

classified as small entities under the 

SBA definition. Thus, a majority of 

handlers and producers of Far West 

spearmint oil may not be classified as 

small entities. 

The Far West spearmint oil industry 

is characterized by producers whose 

farming operations generally involve 

more than one commodity, and whose 

income from farming operations is not 

exclusively dependent on the 

production of spearmint oil. A typical 

spearmint oil-producing operation has 

enough acreage for rotation such that 

the total acreage required to produce the 

crop is about one-third spearmint and 

two-thirds rotational crops. Thus, the 

typical spearmint oil producer has to 

have considerably more acreage than is 

planted to spearmint during any given 

season. Crop rotation is an essential 

cultural practice in the production of 

spearmint oil for weed, insect, and 

disease control. To remain economically 

viable with the added costs associated 

with spearmint oil production, most 

spearmint oil-producing farms fall into 

the SBA category of large businesses. 

Small spearmint oil producers 

generally are not as extensively 

diversified as larger ones and as such 

are more at risk to market fluctuations. 

Such small producers generally need to 

market their entire annual crop and do 

not have the luxury of having other 

crops to cushion seasons with poor 

spearmint oil returns. Conversely, large 

diversified producers have the potential 

to endure one or more seasons of poor 

spearmint oil markets because income 

from alternate crops could support the 

operation for a period of time. Being 

reasonably assured of a stable price and 

market provides small producing 

entities with the ability to maintain 

proper cash flow and to meet annual 

expenses. Thus, the market and price 

stability provided by the order 

potentially benefit the small producer 

more than such provisions benefit large 

producers. Even though a majority of 

handlers and producers of spearmint oil 

may not be classified as small entities, 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 4207 

the volume control feature of this order 

has small entity orientation. 

This rule revises the quantity of 

Native spearmint oil that handlers may 

purchase from, or handle on behalf of, 

producers during the 2010–2011 

marketing year, which ends on May 31, 

2011. This rule increases the Native 

spearmint oil salable quantity from 

980,220 pounds to 1,118,639 pounds 

and the allotment percentage from 43 

percent to 50 percent. 

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. 

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 

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. 

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 November 19, 2010, 

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 

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 Antoinette 

Carter 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 Native 

spearmint oil for the 2010–2011 

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 Native spearmint oil that 

may be marketed during the marketing 

year, which ends on May 31, 2011; (2) 

the current quantity of Native spearmint 

oil may be inadequate to meet demand 

for the 2010–2011 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 § 985.229, paragraph (b) is 

revised to read as follows: 

Note: This section will not appear in the 

annual Code of Federal Regulations. 

§ 985.229 Salable quantities and allotment 

percentages—2010–2011 marketing year. 

* * * * * 

(b) Class 3 (Native) oil—a salable 

quantity of 1,118,639 pounds and an 

allotment percentage of 50 percent. 

Dated: January 19, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–1429 Filed 1–24–11; 8:45 am] 

BILLING CODE 3410–02–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 380 

Orderly Liquidation Authority 

Provisions of the Dodd-Frank Wall 

Street Reform and Consumer 

Protection Act 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Interim final rule. 

SUMMARY: The FDIC is issuing an 

interim final rule (‘‘Rule’’), with request 

for comments, which implements 

certain provisions of its authority to 

resolve covered financial companies 

under Title II of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (the ‘‘Dodd-Frank Act’’). The FDIC’s 

purpose in issuing this Rule is to 

provide greater clarity and certainty 

about how key components of this 

authority will be implemented and to 


srobinson on DSKHWCL6B1PROD with RULES