Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33969 

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 the 

suspension of all provisions prescribed 

under the marketing order for Irish 

potatoes grown in Southeastern states. 

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 the 

order suspended by this interim rule, as 

hereinafter set forth, does not 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 action suspends the 

order and the rules and regulations 

thereunder; (2) this change will help the 

Committee and industry avoid any 

additional costs associated with the 

order; (3) handlers are aware of this 

action, which was unanimously 

recommended 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 953 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

PART 953—[SUSPENDED] 

■ For the reasons set forth in the 

preamble, under the authority of 7 

U.S.C. 601–674, 7 CFR part 953 is 

suspended effective June 13, 2011 

through March 1, 2014. 

Dated: June 6, 2011. 

Ellen King, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–14431 Filed 6–9–11; 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 FIR] 

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: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that revised 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. The interim rule 

increased 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. This change is expected to 

balance the supply of Native spearmint 

oil produced in the Far West with 

market needs and to promote market 

stability. 

DATES: Effective June 13, 2011. 

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 obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or 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.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

Salable quantities and allotment 

percentages for Scotch and Native 

spearmint oil for the 2010–2011 

marketing year were established in a 

final rule published in the Federal 

Register on May 18, 2010 (75 FR 27631). 

The rule set 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. The salable 

quantities and allotment percentages 

were established prior to the start of the 

marketing year and were based on the 

Committee’s projection of the supply 

and demand for spearmint oil for the 

forthcoming year. 

Early in the 2010–2011 marketing 

year, however, the spearmint industry 

reported to the Committee that the real 

demand for Native spearmint oil was 

greater than the level that was initially 

projected. The Committee subsequently 

recommended revising the salable 

quantity and allotment percentage for 

Native spearmint to allow the market to 

satisfy the increased demand. 

In an interim rule published in the 

Federal Register on January 25, 2011, 

and effective June 1, 2010, through May 

31, 2011, (76 FR 4204, Doc. No. AMS– 

FV–09–0082, FV10–985–1A IR), the 

salable quantity and allotment 

percentage for Class 3 (Native) 

spearmint oil for the 2010–2011 

marketing year was increased 138,419 

pounds and 7 percent, respectively. The 

aforementioned rule contains an 

extensive discussion of the volume 

regulation process. 

This final rule continues in effect the 

action that revised 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. Therefore, the Native spearmint 

oil salable quantity of 1,118,639 pounds 

and the allotment percentage of 50 

percent remains in effect through the 

end of the 2010–2011 marketing year. 

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. 

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33970 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 

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, 

the volume control feature of this order 

has small entity orientation. 

This rule continues in effect the 

action that revised 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. The Native spearmint oil salable 

quantity and allotment percentage is 

increased to 1,118,639 pounds and 50 

percent, respectively, for the 2010–2011 

marketing year. 

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. 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 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. 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 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. 

Comments on the interim rule were 

required to be received on or before 

March 28, 2011. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. To view the interim 

rule, go to: http://www.regulations.gov/ 

#!documentDetail;D=AMS-FV-09-0082- 

0002. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (76 FR 4204, January 25, 2011) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

PART 985—[AMENDED] 

■ Accordingly, the interim rule 

amending 7 CFR part 985 that was 

published at 76 FR 4204 on January 25, 

2011, is adopted as a final rule, without 

change. 

[Note: The affected section of part 985 does 

not appear in the Code of Federal 

Regulations.] 

Dated: June 6, 2011. 

Ellen King, 

Acting Administrator,Agricultural Marketing 

Service. 

[FR Doc. 2011–14430 Filed 6–9–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 214 

[Docket No. ICEB–2011–0003] 

RIN 1653–ZA03 

Employment Authorization for Libyan 

F–1 Nonimmigrant Students 

Experiencing Severe Economic 

Hardship as a Direct Result of Civil 

Unrest in Libya Since February 2011 

AGENCY: U.S. Immigration and Customs 

Enforcement; DHS. 

ACTION: Notice of suspension of 

applicability of certain requirements. 

WReier-Aviles on DSKGBLS3C1PROD with RULES