32070 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

recorded and maintained by handlers as 

a part of their daily business. Handlers, 

regardless of size, should be able to 

readily access this information. 

Consequently, any additional costs 

associated with this change will be 

minimal and apply equally to all 

handlers. 

This action will also help growers 

receive more information about the 

activities under the order, and make 

them more aware of their opportunities 

to participate in the efforts of the 

Committee. The benefits of this rule are 

expected to be equally available to all 

fresh citrus growers, regardless of their 

size. 

The Committee discussed making no 

change as an alternative to this action, 

but determined that in order to 

efficiently carry out the objectives of the 

marketing order, the information 

collection within this new report was 

necessary. Therefore, this alternative 

was rejected. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), this collection has been 

submitted to the Office of Management 

and Budget (OMB) with the reference 

number 0581–0284. Upon approval, the 

collection will be merged with OMB No. 

0581–0189, Generic OMB Fruit Crops. 

This final rule establishes the use of a 

new Committee form, which imposes a 

minor burden increase of 15 hours. The 

form, Handler Supplier Report, requires 

minimum information necessary to 

effectively carry out the requirement of 

the order. The information would 

enable the Committee to more 

efficiently administer the order and 

improve communication with growers. 

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. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

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. 

Further, the Committee’s meeting was 

widely publicized throughout the citrus 

industry and all interested persons were 

invited to attend the meeting and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the July 17, 2012, meeting was 

a public meeting and all entities, both 

large and small, were able to express 

views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on March 5, 2013 (78 FR 

14236). Copies of the rule were mailed 

or sent via facsimile to all Committee 

members and citrus handlers. Finally, 

the rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 60-day comment 

period ending May 6, 2013, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter 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. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the Committee 

requires time to prepare and mail out a 

handler information packet that should 

include the Handler Supplier Report, 

prior to the beginning of shipments for 

the next crop year that begins August 1. 

In addition, handlers are aware of this 

rule that was recommended at a 

Committee meeting on July 17, 2012. 

Also, a 60-day comment period was 

provided in the proposed rule. 

List of Subjects in 7 CFR Part 905 

Citrus, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 905 is amended as 

follows: 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA 

■ 1. The authority citation for 7 CFR 

part 905 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 905.171 is added to read as 

follows: 

§ 905.171 Handler supplier report. 

Each handler shall furnish a supplier 

report to the Committee on an annual 

basis. Such reports shall be made on 

forms provided by the Committee and 

shall include the name and business 

address of each grower whose fruit was 

shipped or acquired by the handler 

during the season. Handlers shall 

submit this report to the Committee not 

later than June 15 of each season. 

Dated: May 21, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–12654 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. No. AMS–FV–12–0064; FV13–985–1 

FR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Salable Quantities and 

Allotment Percentages for the 2013– 

2014 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule establishes the 

quantity of spearmint oil produced in 

the Far West, by class, that handlers 

may purchase from, or handle on behalf 

of, producers during the 2013–2014 

marketing year, which begins on June 1, 

2013. This rule establishes salable 

quantities and allotment percentages for 

Class 1 (Scotch) spearmint oil of 

1,344,858 pounds and 65 percent, 

respectively, and for Class 3 (Native) 

spearmint oil of 1,432,189 pounds and 

61 percent, respectively. The Spearmint 

Oil Administrative Committee 

(Committee), the entity 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, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Michel, Marketing Specialist, or 

Gary Olson, Regional Director, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32071 

2724, Fax: (503) 326–7440, or Email: 

Manuel.Michel@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.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.’’ 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 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 rule 

establishes the quantity of spearmint oil 

produced in the Far West, by class, that 

handlers may purchase from, or handle 

on behalf of, producers during the 

2013–2014 marketing year, which 

begins on June 1, 2013. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

The Committee meets annually in the 

fall to adopt a marketing policy for the 

ensuing marketing year or years. In 

determining such marketing policy, the 

Committee considers a number of 

factors, including, but not limited to, the 

current and projected supply, estimated 

future demand, production costs, and 

producer prices for all classes of 

spearmint oil. Input from spearmint oil 

handlers and producers regarding 

prospective marketing conditions is 

considered as well. During the meeting, 

the Committee recommends to USDA 

any volume regulations deemed 

necessary to meet market requirements 

and to establish orderly marketing 

conditions for Far West spearmint oil. If 

the Committee’s marketing policy 

considerations indicate a need for 

limiting the quantity of any or all 

classes of spearmint oil marketed, the 

Committee subsequently recommends 

the establishment of a salable quantity 

and allotment percentage for such class 

or classes of oil for the forthcoming 

marketing year. 

The salable quantity represents the 

total amount of each class of spearmint 

oil that handlers may purchase from, or 

handle on behalf of, producers during 

the marketing year. Each producer is 

allotted a prorated share of the salable 

quantity by applying the allotment 

percentage to that producer’s allotment 

base for each applicable class of 

spearmint oil. The producer allotment 

base is each producer’s quantified share 

of the spearmint oil market based on a 

statistical representation of past 

spearmint oil production, with 

accommodation for reasonable and 

normal adjustments to such base as 

prescribed by the Committee and 

approved by USDA. Salable quantities 

are established at levels intended to 

meet market requirements and to 

establish orderly marketing conditions. 

Committee recommendations for 

volume controls are made well in 

advance of the period in which the 

regulations are to be effective, thereby 

allowing producers the chance to adjust 

their production decisions accordingly. 

Pursuant to authority in §§ 985.50, 

985.51, and 985.52 of the order, the full 

eight-member Committee met on 

October 17, 2012, and recommended 

salable quantities and allotment 

percentages for both classes of oil for the 

2013–2014 marketing year. The 

Committee, in a vote of six members in 

favor and two members opposed, 

recommended the establishment of a 

salable quantity and allotment 

percentage for Scotch spearmint oil of 

1,344,858 pounds and 65 percent, 

respectively. The two members 

opposing the action felt that the 

proposed levels were too high and 

favored establishing a lower salable 

quantity and allotment percentage for 

Scotch spearmint oil. For Native 

spearmint oil, the Committee, in a vote 

of six members in favor and two 

members opposed, recommended the 

establishment of a salable quantity and 

allotment percentage of 1,432,189 

pounds and 61 percent, respectively. 

Once again, the two members opposing 

the action supported volume regulation 

but favored an undetermined lower 

salable quantity and allotment 

percentage for Native spearmint oil than 

what was proposed. 

This final rule limits the amount of 

spearmint oil that handlers may 

purchase from, or handle on behalf of, 

producers during the 2013–2014 

marketing year, which begins on June 1, 

2013. Salable quantities and allotment 

percentages have been placed into effect 

each season since the order’s inception 

in 1980. 

Class 1 (Scotch) Spearmint Oil 

The U.S. production of Scotch 

spearmint oil is concentrated in the Far 

West, which includes Washington, 

Idaho, Oregon, and a portion of Nevada 

and Utah. Scotch type oil is also 

produced in seven other States: Indiana, 

Michigan, Minnesota, Montana, North 

Dakota, South Dakota, and Wisconsin. 

Additionally, Scotch spearmint oil is 

produced outside of the U.S., with 

China and India being the largest global 

competitors of domestic Scotch 

spearmint oil production. 

The Far West’s share of total global 

Scotch spearmint oil sales has varied 

considerably over the past several 

decades, from as high as 72 percent in 

1988, and as low as 27 percent in 2002. 

More recently, sales of Far West Scotch 

spearmint oil have been approximately 

50 percent of world sales, and are 

expected to hold steady, or increase 

slightly, in upcoming years. In addition, 

imports of foreign produced spearmint 

oil into the U.S. have recently been 

trending down, while exports of 

domestic spearmint oil have been 

trending up. As a result, competition in 

the domestic market from foreign 

produced spearmint oil has decreased 

and the demand for Far West spearmint 

oil, both domestically and abroad, has 

been very strong. 

The Scotch spearmint industry is 

emerging from the difficult market 

environment that has existed in the past 

few years. Many of the negative market 

components that were present in the 

spearmint oil industry from 2008 

through 2011 have corrected. During 

that period, increased production and 

weakened market demand for Scotch 

spearmint oil combined to create large 

stocks of excess oil held in reserve. 

However, most recently, production of 

Scotch spearmint oil has moderated, 


tkelley on DSK3SPTVN1PROD with RULES
32072 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

trade demand for Scotch spearmint oil 

has increased, and excess inventory 

levels have dropped dramatically. In 

fact, production of Scotch spearmint oil 

will need to increase during the 2013 

season to meet the anticipated market 

demand. 

Although the spearmint oil industry 

continues to have some concerns over 

the strength of the U.S. economy, 

marketing conditions for Scotch 

spearmint oil have improved 

significantly. Lower inventories, steady 

to increasing production, and strong 

projected demand are all positive 

indicators of improving marketing 

conditions for Scotch spearmint oil. 

Inventories, production, and market 

demand are now at levels that are 

considered healthy for the industry. 

Certain factors may be contributing to 

the recent increase in demand for Far 

West Scotch spearmint oil. First, 

although China and India have been 

significant suppliers of spearmint oil for 

the past 15 years, they have started to 

replace some spearmint acreage with 

other mint varieties, such as Mentha 

arvensis (wild mint), and other nonmint competing crops. In addition, both 

countries are utilizing more of their 

domestically produced spearmint oil, 

removing oil that might otherwise have 

been exported. Also, the Midwest region 

of the U.S. is experiencing a significant 

reduction in Scotch spearmint oil 

production. This decrease in regional 

production is partly due to unexpected 

disease and weather related factors and 

partly the result of competition from 

other alternate crops, such as corn and 

soybeans, which are currently 

experiencing higher than average 

returns. Lastly, improving global 

economic conditions have led to 

increased consumption of spearmint 

flavored products. 

The Committee estimates that the 

carry-in of Scotch spearmint oil on June 

1, 2013, the primary measure of excess 

supply, will be approximately 16,570 

pounds. This amount is down from the 

previous year’s estimate of 149,740 

pounds and is lower than the minimum 

carry-in quantity that the Committee 

considers to be favorable. 

Production of Scotch spearmint oil 

has decreased in recent years in 

response to high Scotch spearmint oil 

inventory levels and below average 

market demand. Production dropped 

from a high of 1,050,700 pounds in 2009 

to an estimated 621,480 pounds in 2012. 

Total industry production of Scotch 

spearmint oil is now below the level 

that the Committee views as optimum. 

The Committee expects production will 

increase during the 2013 season in 

response to the strong market demand 

currently observed in the industry and 

the low inventory levels of Scotch 

spearmint oil available to the market. 

The Committee considers the current 

trends in supply and demand to be 

favorable, as it marks an end to the 

oversupply situation in Scotch 

spearmint oil and the beginning of a 

period where supply and demand are in 

harmony. 

Handlers indicate that increasing 

consumer demand for mint flavored 

products provide a positive expectation 

for long-term increases in the demand 

for Far West Scotch spearmint oil. 

Spearmint oil handlers have indicated 

that demand for Scotch spearmint oil 

has been gaining strength. Handlers who 

had projected the 2012–2013 trade 

demand for Far West Scotch Spearmint 

oil to be in the range of 825,000 pounds 

to 1,100,000 pounds now expect it to 

increase to between 900,000 pounds to 

1,200,000 pounds during the 2013–2014 

marketing year. 

Given the improving economic 

indicators for the Far West Scotch 

spearmint oil industry outlined above, 

the Committee took a positive 

perspective into the discussion of 

establishing appropriate salable 

quantities and allotment percentages for 

the upcoming season. At the October 17, 

2012, meeting, the Committee 

recommended the 2013–2014 Scotch 

spearmint oil salable quantity of 

1,344,858 pounds and an allotment 

percentage of 65 percent. The 

Committee utilized sales estimates for 

2013–2014 Scotch spearmint oil, as 

provided by several of the industry’s 

handlers, as well as historical and 

current Scotch spearmint oil production 

and inventory statistics, to arrive at 

these recommendations. The volume 

control levels recommended by the 

Committee represent an increase of 

566,418 pounds and 27 percentage 

points over the previous year’s initial 

salable quantity and allotment 

percentage, reflecting a much more 

positive assessment of the industry’s 

current economic conditions. 

The Committee estimates that about 

1,200,000 pounds of Scotch spearmint 

oil may be sold during the 2013–2014 

marketing year. When considered in 

conjunction with the estimated carry-in 

of 16,570 pounds of Scotch spearmint 

oil on June 1, 2013, the recommended 

salable quantity of 1,344,858 pounds 

results in a total available supply of 

approximately 1,361,428 pounds of 

Scotch spearmint oil during the 2013– 

2014 marketing year. The Committee 

estimates that carry-in of Scotch 

spearmint oil into the 2014–2015 

marketing year, which begins June 1, 

2014, will be 161,428 pounds, an 

increase of 144,858 pounds from the 

beginning of the 2013–2014 marketing 

year. 

The Committee’s stated intent in the 

use of marketing order volume control 

regulations for Scotch spearmint oil is to 

keep adequate supplies available to 

meet market needs and establish orderly 

marketing conditions. With that in 

mind, the Committee developed its 

recommendation of Scotch spearmint 

oil salable quantity and allotment 

percentage for the 2013–2014 marketing 

year based on the information discussed 

above, as well as the data outlined 

below. 

(A) Estimated carry-in of Scotch 

spearmint oil on June 1, 2013—16,570 

pounds. This figure is the difference 

between the revised 2012–2013 

marketing year total available supply of 

986,570 pounds and the estimated 

2012–2013 marketing year trade 

demand of 970,000 pounds. 

(B) Estimated trade demand of Scotch 

spearmint oil for the 2013–2014 

marketing year—1,200,000 pounds. This 

figure is based on input from producers 

at five Scotch spearmint oil production 

area meetings held in late September 

and early October 2012, as well as 

estimates provided by handlers and 

other meeting participants at the 

October 17, 2012, meeting. The average 

estimated trade demand provided at the 

five production area meetings is 

1,120,000 pounds, which is 35,000 

pounds less than the average of trade 

demand estimates submitted by 

handlers. The average of Far West 

Scotch spearmint oil sales over the last 

five years is 772,543 pounds. 

(C) Salable quantity of Scotch 

spearmint oil required from the 2013– 

2014 marketing year production— 

1,183,430 pounds. This figure is the 

difference between the estimated 2013– 

2014 marketing year trade demand 

(1,200,000 pounds) and the estimated 

carry-in on June 1, 2013 (16,570 

pounds). This figure represents the 

minimum salable quantity that may be 

needed to satisfy estimated demand for 

the coming year with no carryover. 

(D) Total estimated allotment base of 

Scotch spearmint oil for the 2013–2014 

marketing year—2,069,012 pounds. This 

figure represents a one percent increase 

over the revised 2012–2013 total 

allotment base. This figure is generally 

revised each year on June 1 due to 

producer base being lost as a result of 

the bona fide effort production 

provisions of § 985.53(e). The revision is 

usually minimal. 

(E) Computed Scotch spearmint oil 

2013–2014 marketing year allotment 

percentage—57.2 percent. This 

percentage is computed by dividing the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32073 

minimum required salable quantity 

(1,183,430 pounds) by the total 

estimated allotment base (2,069,012 

pounds). 

(F) Recommended Scotch spearmint 

oil 2013–2014 marketing year allotment 

percentage—65 percent. This is the 

Committee’s recommendation and is 

based on the computed allotment 

percentage (57.2 percent), the average of 

the computed allotment percentage 

figures from the five production area 

meetings (55.8 percent), and input from 

producers and handlers at the October 

17, 2012, meeting. The recommended 

allotment percentage of 65 percent is 

also based on the Committee’s 

determination that the computed 

percentage (57.2 percent) may not 

adequately supply the potential 2013– 

2014 Scotch spearmint oil market. 

(G) Recommended Scotch spearmint 

oil 2013–2014 marketing year salable 

quantity—1,344,858 pounds. This figure 

is the product of the recommended 

allotment percentage (65 percent) and 

the total estimated allotment base 

(2,069,012 pounds). 

(H) Estimated total available supply 

of Scotch spearmint oil for the 2013– 

2014 marketing year—1,361,428 

pounds. This figure is the sum of the 

2013–2014 recommended salable 

quantity (1,344,858 pounds) and the 

estimated carry-in on June 1, 2013 

(16,570 pounds). 

Class 3 (Native) Spearmint Oil 

The Native spearmint oil industry is 

experiencing market conditions similar 

to those observed in the Scotch 

spearmint oil market. Approximately 90 

percent of U.S. production of Native 

spearmint oil is produced within the Far 

West production area, thus domestic 

production outside this area is not a 

major factor in the marketing of Far 

West Native spearmint oil. This has 

been an attribute of U.S. production 

since the order’s inception. A minor 

amount of domestic Native spearmint 

oil is produced outside of the Far West 

region in the States of Indiana, 

Michigan, Minnesota, Montana, North 

Dakota, South Dakota, and Wisconsin. 

According to the Committee, very 

little true Native spearmint oil is 

produced outside of the United States. 

However, India has been producing an 

increasing quantity of spearmint oil 

with qualities very similar to Native 

spearmint oil. Committee records show 

that in 1996 the Far West accounted for 

nearly 93 percent of the global sales of 

Native or Native quality spearmint oil. 

By 2008, that share had declined to only 

48 percent. Since then, the percentage 

has been increasing again and Far West 

Native spearmint oil is estimated to be 

over 70 percent of global sales in 2012. 

Despite the fact that Far West Native 

spearmint oil has been gaining world 

market share, the industry has endured 

challenging marketing conditions over 

the past five years. Overproduction, 

coupled with a decrease in demand 

during the global economic recession, 

created an excess inventory situation for 

Native spearmint oil that negatively 

impacted the industry. However, most 

recently, production of Native 

spearmint oil has moderated, trade 

demand for Native spearmint oil has 

increased, and excess inventory levels 

have dropped to levels considered 

optimal by the Committee. 

When the Committee met on October 

17, 2012, to consider volume regulations 

for the upcoming 2013–2014 marketing 

year, the general consensus within the 

Native spearmint oil industry was that 

marketing conditions had improved 

over recent years and are expected to 

keep improving into the future. The 

production of Far West Native 

spearmint oil, which declined from a 

high of 1,453,896 pounds in 2009 to 

approximately 1,210,260 pounds in 

2012, is anticipated to remain steady 

during the 2013 season. The Committee 

further expects that production will be 

more in line with the projected demand 

of Native spearmint oil in upcoming 

years. 

Excess Native spearmint oil 

inventory, as measured by oil held in 

reserve by producers and reported by 

the Committee, is estimated to be 

379,006 pounds at the end of the 2012– 

2013 marketing year, down from a 

recent high of 606,942 pounds in 2011. 

Reserve Native spearmint oil is 

approaching the level that the 

Committee believes is optimum for the 

industry. 

In addition to an improved supply 

situation, demand for Far West Native 

spearmint oil has been improving. 

Spearmint oil handlers, who previously 

projected the 2012–2013 trade demand 

for Far West Native spearmint oil in the 

range of 1,275,000 pounds to 1,450,000 

pounds, with an average of 1,350,000 

pounds, have projected trade demand 

for the 2013–2014 marketing period to 

be in the range of 1,200,000 pounds to 

1,500,000 pounds, with an average of 

1,400,000. 

Given the economic indicators for the 

Far West Native spearmint oil industry 

outlined above, the Committee took an 

optimistic perspective into the 

discussion of establishing appropriate 

salable quantities and allotment 

percentages for the upcoming season. 

As such, at the October 17, 2012, 

meeting, the Committee recommended a 

2013–2014 Native spearmint oil salable 

quantity of 1,432,189 pounds and an 

allotment percentage of 61 percent. The 

Committee utilized Native spearmint oil 

sales estimates for 2013–2014, as 

provided by several of the industry’s 

handlers, as well as historical and 

current Native spearmint oil market 

statistics to establish these thresholds. 

These volume control levels represent 

an increase of 268,887 pounds and 11 

percentage points over the previous 

year’s initial salable quantity and 

allotment percentage. Should these 

levels prove insufficient to adequately 

supply the market, the Committee has 

the authority to recommend an intraseasonal increase, as it has done in the 

past two marketing periods, if demand 

rises beyond expectations. 

The Committee estimates that 

approximately 1,425,000 pounds of 

Native spearmint oil may be sold during 

the 2013–2014 marketing year. When 

considered in conjunction with the 

estimated carry-in of 43,411 pounds of 

Native spearmint oil on June 1, 2013, 

the recommended salable quantity of 

1,432,189 pounds results in an 

estimated total available supply of 

1,475,600 pounds of Native spearmint 

oil during the 2013–2014 marketing 

year. The Committee also estimates that 

carry-in of Native spearmint oil at the 

beginning of the 2014–2015 marketing 

year will be approximately 50,600 

pounds. 

The Committee’s stated intent in the 

use of marketing order volume control 

regulations for Native spearmint oil is to 

keep adequate supplies available to 

meet market needs and establish orderly 

marketing conditions. With that in 

mind, the Committee developed its 

recommendation of Native spearmint oil 

salable quantity and allotment 

percentage for the 2013–2014 marketing 

year based on the information discussed 

above, as well as the data outlined 

below. 

(A) Estimated carry-in of Native 

spearmint oil on June 1, 2013—43,411 

pounds. This figure is the difference 

between the revised 2012–2013 

marketing year total available supply of 

1,418,411 pounds and the estimated 

2012–2013 marketing year trade 

demand of 1,375,000 pounds. 

(B) Estimated trade demand of Native 

spearmint oil for the 2013–2014 

marketing year—1,425,000 pounds. This 

estimate is established by the 

Committee and is based on input from 

producers at the six Native spearmint 

oil production area meetings held in late 

September and early October 2012, as 

well as estimates provided by handlers 

and other meeting participants at the 

October 17, 2012, meeting. The average 


tkelley on DSK3SPTVN1PROD with RULES
32074 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

estimated trade demand provided at the 

six production area meetings was 

1,354,167 pounds, whereas the handler 

estimate ranged from 1,200,000 pounds 

to 1,500,000 pounds, and averaged 

1,400,000 pounds. The average of Far 

West Native spearmint oil sales over the 

last five years is 1,158,520 pounds. 

(C) Salable quantity of Native 

spearmint oil required from the 2013– 

2014 marketing year production— 

1,381,589 pounds. This figure is the 

difference between the estimated 2013– 

2014 marketing year trade demand 

(1,425,000 pounds) and the estimated 

carry-in on June 1, 2013 (43,411 

pounds). This is the minimum amount 

that the Committee believes is required 

to meet the anticipated 2013–2014 

Native spearmint oil trade demand. 

(D) Total estimated allotment base of 

Native spearmint oil for the 2013–2014 

marketing year—2,347,850 pounds. This 

figure represents a one percent increase 

over the revised 2012–2013 total 

allotment base. This figure is generally 

revised each year on June 1 due to 

producer base being lost as a result of 

the bona fide effort production 

provisions of § 985.53(e). The revision is 

usually minimal. 

(E) Computed Native spearmint oil 

2013–2014 marketing year allotment 

percentage—58.8 percent. This 

percentage is computed by dividing the 

required salable quantity (1,381,589 

pounds) by the total estimated allotment 

base (2,347,850 pounds). 

(F) Recommended Native spearmint 

oil 2013–2014 marketing year allotment 

percentage—61 percent. This is the 

Committee’s recommendation based on 

the computed allotment percentage 

(58.8 percent), the average of the 

computed allotment percentage figures 

from the six production area meetings 

(56.5 percent), and input from 

producers and handlers at the October 

17, 2012, meeting. The recommended 

allotment percentage of 61 percent is 

also based on the Committee’s 

determination that the computed 

percentage (58.8 percent) may not 

adequately supply the potential 2013– 

2014 Native spearmint oil market. 

(G) Recommended Native spearmint 

oil 2013–2014 marketing year salable 

quantity—1,432,189 pounds. This figure 

is the product of the recommended 

allotment percentage (61 percent) and 

the total estimated allotment base 

(2,347,850 pounds). 

(H) Estimated available supply of 

Native spearmint oil for the 2013–2014 

marketing year—1,475,600 pounds. This 

figure is the sum of the 2013–2014 

recommended salable quantity 

(1,432,189 pounds) and the estimated 

carry-in on June 1, 2013 (43,411 

pounds). 

The salable quantity is the total 

quantity of each class of spearmint oil 

that handlers may purchase from, or 

handle on behalf of, producers during a 

marketing year. Each producer is 

allotted a share of the salable quantity 

by applying the allotment percentage to 

the producer’s allotment base for the 

applicable class of spearmint oil. 

The Committee’s recommended 

Scotch and Native spearmint oil salable 

quantities and allotment percentages of 

1,344,858 pounds and 65 percent, and 

1,432,189 pounds and 61 percent, 

respectively, are based on the goal of 

establishing and maintaining market 

stability. The Committee anticipates that 

this goal will be achieved by matching 

the available supply of each class of 

Spearmint oil to the estimated demand 

of such, thus avoiding extreme 

fluctuations in inventories and prices. 

The salable quantities are not 

expected to cause a shortage of 

spearmint oil supplies. Any 

unanticipated or additional market 

demand for spearmint oil which may 

develop during the marketing year 

could be satisfied by an intra-seasonal 

increase in the salable quantity. The 

order makes the provision for intraseasonal increases to allow the 

Committee the flexibility to respond 

quickly to changing market conditions. 

In addition, producers who produce 

more than their annual allotments 

during the 2013–2014 marketing year 

may transfer such excess spearmint oil 

to producers who have produced less 

than their annual allotment, or, up until 

November 1, 2013, place it into the 

reserve pool to be released in the future 

in accordance with market needs. 

This regulation is similar to 

regulations issued in prior seasons. The 

average allotment percentage for the five 

most recent marketing years for Scotch 

spearmint oil is 38.8 percent, while the 

average allotment percentage for the 

same five-year period for Native 

spearmint oil is 52.2 percent. Costs to 

producers and handlers resulting from 

this rule are expected to be offset by the 

benefits derived from a stable market 

and improved returns. In conjunction 

with the issuance of this final rule, 

USDA has reviewed the Committee’s 

marketing policy statement for the 

2013–2014 marketing year. The 

Committee’s marketing policy 

statement, a requirement whenever the 

Committee recommends volume 

regulation, fully meets the intent of 

§ 985.50 of the order. 

During its discussion of potential 

2013–2014 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) the prospective production of each 

class of oil; (4) the 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 salable quantities and allotment 

percentages established by this final 

rule allow the anticipated market needs 

to be fulfilled. In determining 

anticipated market needs, the 

Committee considered historical sales, 

as well as changes and trends in 

production and demand. This rule also 

provides producers with information on 

the amount of spearmint oil that should 

be produced for the 2013–2014 season 

in order to meet anticipated market 

demand. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), 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. 

There are eight spearmint oil handlers 

subject to regulation under the order, 

and approximately 36 producers of 

Scotch spearmint oil and approximately 

91 producers of Native spearmint oil in 

the 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32075 

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 36 Scotch spearmint oil 

producers and 29 of the 91 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 purposes of weed, 

insect, and disease control. To remain 

economically viable with the added 

costs associated with spearmint oil 

production, a majority of spearmint oilproducing 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 from market 

fluctuations. Such small producers 

generally need to market their entire 

annual allotment and do not have 

income from 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 small producers 

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 final rule establishes the quantity 

of spearmint oil produced in the Far 

West, by class, that handlers may 

purchase from, or handle on behalf of, 

producers during the 2013–2014 

marketing year. The Committee 

recommended this action to help 

maintain stability in the spearmint oil 

market by matching supply to estimated 

demand, thereby avoiding extreme 

fluctuations in supplies and prices. 

Establishing quantities that may be 

purchased or handled during the 

marketing year through volume 

regulations allows producers to plan 

their spearmint planting and harvesting 

to meet expected market needs. The 

provisions of §§ 985.50, 985.51, and 

985.52 of the order authorize this rule. 

Instability in the spearmint oil subsector of the mint industry is much 

more likely to originate on the supply 

side than the demand side. Fluctuations 

in yield and acreage planted from 

season-to-season tend to be larger than 

fluctuations in the amount purchased by 

handlers. Notwithstanding the recent 

global recession and the overall negative 

impact on demand for consumer goods 

that utilize spearmint oil, demand for 

spearmint oil tends to change slowly 

from year to year. 

Demand for spearmint oil at the farm 

level is derived from retail demand for 

spearmint-flavored products such as 

chewing gum, toothpaste, and 

mouthwash. The manufacturers of these 

products are by far the largest users of 

spearmint oil. However, spearmint 

flavoring is generally a very minor 

component of the products in which it 

is used, so changes in the raw product 

price have virtually no impact on retail 

prices for those goods. 

Spearmint oil production tends to be 

cyclical. Years of relatively high 

production, with demand remaining 

reasonably stable, have led to periods in 

which large producer stocks of unsold 

spearmint oil have depressed producer 

prices for a number of years. Shortages 

and high prices may follow in 

subsequent years, as producers respond 

to price signals by cutting back 

production. 

The significant variability of the 

spearmint oil market is illustrated by 

the fact that the coefficient of variation 

(a standard measure of variability; 

‘‘CV’’) of Far West spearmint oil grower 

prices for the period 1980–2011 (when 

the marketing order was in effect) is 

0.19 compared to 0.34 for the decade 

prior to the promulgation of the order 

(1970–79) and 0.48 for the prior 20-year 

period (1960–79). This provides an 

indication of the price stabilizing 

impact of the marketing order. 

Production in the shortest marketing 

year was about 48 percent of the 32-year 

average (1.897 million pounds from 

1980 through 2011) and the largest crop 

was approximately 162 percent of the 

32-year average. A key consequence is 

that, in years of oversupply and low 

prices, the season average producer 

price of spearmint oil is below the 

average cost of production (as measured 

by the Washington State University 

Cooperative Extension Service.) 

The wide fluctuations in supply and 

prices that result from this cycle, which 

were even more pronounced before the 

creation of the order, can create 

liquidity problems for some producers. 

The order was designed to reduce the 

price impacts of the cyclical swings in 

production. However, producers have 

been less able to weather these cycles in 

recent years because of the increase in 

production costs. While prices have 

been relatively steady, the cost of 

production has increased to the extent 

that plans to plant spearmint may be 

postponed or changed indefinitely. 

Producers are also enticed by the prices 

of alternative crops and their lower cost 

of production. 

In an effort to stabilize prices, the 

spearmint oil industry uses the volume 

control mechanisms authorized under 

the order. This authority allows the 

Committee to recommend a salable 

quantity and allotment percentage for 

each class of oil for the upcoming 

marketing year. The salable quantity for 

each class of oil is the total volume of 

oil that producers may sell during the 

marketing year. The allotment 

percentage for each class of spearmint 

oil is derived by dividing the salable 

quantity by the total allotment base. 

Each producer is then issued an 

annual allotment certificate, in pounds, 

for the applicable class of oil, which is 

calculated by multiplying the 

producer’s allotment base by the 

applicable allotment percentage. This is 

the amount of oil of each applicable 

class that the producer can sell. 

By November 1 of each year, the 

Committee identifies any oil that 

individual producers have produced 

above the volume specified on their 

annual allotment certificates. This 

excess oil is placed in a reserve pool 

administered by the Committee. 

There is a reserve pool for each class 

of oil that may not be sold during the 

current marketing year unless USDA 

approves a Committee recommendation 

to increase the salable quantity and 

allotment percentage for a class of oil 

and make a portion of the pool 

available. However, limited quantities of 

reserve oil are typically sold by one 

producer to another producer to fill 

deficiencies. A deficiency occurs when 

on-farm production is less than a 

producer’s allotment. In that case, a 

producer’s own reserve oil can be sold 


tkelley on DSK3SPTVN1PROD with RULES
32076 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

to fill that deficiency. Excess production 

(higher than the producer’s allotment) 

can be sold to fill other producers’ 

deficiencies. All of these provisions 

need to be exercised prior to November 

1 of each year. 

In any given year, the total available 

supply of spearmint oil is composed of 

current production plus carryover 

stocks from the previous crop. The 

Committee seeks to maintain market 

stability by balancing supply and 

demand, and to close the marketing year 

with an appropriate level of carryout. If 

the industry has production in excess of 

the salable quantity, then the reserve 

pool absorbs the surplus quantity of 

spearmint oil, which goes unsold during 

that year, unless the oil is needed for 

unanticipated sales. 

Under its provisions, the order may 

attempt to stabilize prices by (1) limiting 

supply and establishing reserves in high 

production years, thus minimizing the 

price-depressing effect that excess 

producer stocks have on unsold 

spearmint oil, and (2) ensuring that 

stocks are available in short supply 

years when prices would otherwise 

increase dramatically. The reserve pool 

stocks, which are increased in large 

production years, are drawn down in 

years where the crop is short. 

An econometric model was used to 

assess the impact that volume control 

has on the prices producers receive for 

their commodity. Without volume 

control, spearmint oil markets would 

likely be over-supplied. This could 

result in low producer prices and a large 

volume of oil stored and carried over to 

the next crop year. The model estimates 

how much lower producer prices would 

likely be in the absence of volume 

controls. 

The Committee estimated trade 

demand for the 2013–2014 marketing 

year for both classes of oil at 2,625,000 

pounds, and that the expected 

combined salable carry-in on June 1, 

2013, will be 59,981 pounds. This 

results in a combined required salable 

quantity of 2,565,019 pounds. With 

volume control, sales by producers for 

the 2013–2014 marketing year would be 

limited to 2,777,047 pounds (the salable 

quantity for both classes of spearmint 

oil). 

The allotment percentages, upon 

which 2013–2014 producer allotments 

are based, are 65 percent for Scotch and 

61 percent for Native. Without volume 

controls, producers would not be 

limited to these allotment levels, and 

could produce and sell additional 

spearmint. The econometric model 

estimated a $1.35 decline in the season 

average producer price per pound (from 

both classes of spearmint oil) resulting 

from the higher quantities that would be 

produced and marketed without volume 

control. The surplus situation for the 

spearmint oil market that would exist 

without volume controls in 2013–2014 

also would likely dampen prospects for 

improved producer prices in future 

years because of the buildup in stocks. 

The use of volume controls allows the 

industry to fully supply spearmint oil 

markets while avoiding the negative 

consequences of over-supplying these 

markets. The use of volume controls is 

believed to have little or no effect on 

consumer prices of products containing 

spearmint oil and will not result in 

fewer retail sales of such products. 

The Committee discussed alternatives 

to the recommendations contained in 

this rule for both classes of spearmint 

oil. The Committee discussed and 

rejected the idea of recommending that 

there not be any volume regulation for 

both classes of spearmint oil because of 

the severe price-depressing effects that 

may occur without volume control. 

After computing the initial 57.2 

percent Scotch spearmint oil allotment 

percentage, the Committee considered 

various alternative levels of volume 

control for Scotch spearmint oil. Given 

the moderately improving marketing 

conditions, there was consensus that the 

Scotch spearmint oil allotment 

percentage for 2013–2014 should be 

more than the percentage established for 

the 2012–2013 marketing year (38 

percent). After considerable discussion, 

the eight-member committee, on a vote 

of six members in favor and two 

members opposed, determined that 

1,344,858 pounds and 65 percent would 

be the most effective Scotch spearmint 

oil salable quantity and allotment 

percentage, respectively, for the 2013– 

2014 marketing year. The two dissenting 

members felt that the salable quantity 

and allotment percentage should be set 

at an unidentified lower level. 

The Committee was also able to reach 

a consensus regarding the level of 

volume control for Native spearmint oil. 

After first determining the computed 

allotment percentage at 58.8 percent, the 

Committee, in a vote of six members in 

favor and two members opposed, 

recommended 1,432,189 pounds and 61 

percent for the effective Native 

spearmint oil salable quantity and 

allotment percentage, respectively, for 

the 2013–2014 marketing year. The two 

dissenting members felt that the salable 

quantity and allotment percentage 

should be set at an unidentified lower 

level. 

As noted earlier, the Committee’s 

recommendation to establish salable 

quantities and allotment percentages for 

both classes of spearmint oil was made 

after careful consideration of all 

available information, including: (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) the prospective production of 

each class of oil; (4) the 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. 

Based on its review, the Committee 

determined that the salable quantity and 

allotment percentage levels 

recommended will achieve the 

objectives sought. 

Without any regulations in effect, the 

Committee believes the industry could 

return to the pronounced cyclical price 

patterns that occurred prior to the order, 

and that prices in 2013–2014 could 

decline substantially below current 

levels. 

According to the Committee, the 

established salable quantities and 

allotment percentages are expected to 

facilitate the goal of establishing orderly 

marketing conditions for Far West 

spearmint oil. 

As previously stated, annual salable 

quantities and allotment percentages 

have been issued for both classes of 

spearmint oil since the order’s 

inception. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178, Generic 

Vegetable and Specialty Crops. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This final rule establishes the salable 

quantities and allotment percentages of 

Class 1 (Scotch) spearmint oil and Class 

3 (Native) spearmint oil produced in the 

Far West during the 2013–2014 

marketing year. Accordingly, this final 

rule will not impose any additional 

reporting or recordkeeping requirements 

on either small or large spearmint oil 

producers or 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. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32077 

Furthermore, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

final rule. 

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, 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 on all issues. Like all 

Committee meetings, the October 17, 

2012, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 15, 2013 (78 FR 

22202). A copy of the rule was provided 

to Committee staff, who in turn made it 

available to all Far West spearmint oil 

producers, handlers, and interested 

persons. Finally, the rule was made 

available through the Internet by USDA 

and the Office of the Federal Register. A 

15-day comment period ending April 

30, 2013, was provided to allow 

interested persons to respond to the 

proposal. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter 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. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the 2013–2014 

marketing year starts on June 1, 2013, 

and handlers will need to begin 

purchasing the spearmint oil allotted 

under this rulemaking. Further, 

handlers are aware of this rule, which 

was recommended at a public meeting. 

Finally, a 15-day comment period was 

provided for in the proposed 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. A new § 985.232 is added to read 

as follows: 

Note: This section will not appear in the 

Code of Federal Regulations. 

§ 985.232 Salable quantities and allotment 

percentages—2013–2014 marketing year. 

The salable quantity and allotment 

percentage for each class of spearmint 

oil during the marketing year beginning 

on June 1, 2013, shall be as follows: 

(a) Class 1 (Scotch) oil—a salable 

quantity of 1,344,858 pounds and an 

allotment percentage of 65 percent. 

(b) Class 3 (Native) oil—a salable 

quantity of 1,432,189 pounds and an 

allotment percentage of 61 percent. 

Dated: May 21, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–12657 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2012–0308] 

RIN 3150–AJ22 

List of Approved Spent Fuel Storage 

Casks: MAGNASTOR® System 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; withdrawal. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing a 

direct final rule that would have revised 

its spent fuel storage regulations to 

include Amendment No. 3 to Certificate 

of Compliance (CoC) No. 1031, NAC 

International, Inc. (NAC) Modular 

Advanced Generation Nuclear Allpurpose Storage (MAGNASTOR®) 

System listing within the ‘‘List of 

Approved Spent Fuel Storage Casks.’’ 

The NRC is taking this action because it 

has received a significant adverse 

comment for the vendor of 

MAGNASTOR® in response to a 

companion proposed rule which was 

concurrently published with the direct 

final rule. 

DATES: Effective May 29, 2013, the NRC 

withdraws the direct final rule 

published at 78 FR 16601 on March 18, 

2013. 

ADDRESSES: Please refer to Docket ID 

NRC–2012–0308 when contacting the 

NRC about the availability of 

information for this action. You may 

access information related to this action, 

which the NRC possesses and is 

publicly available, by any of the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0308. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–492–3668; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

final rule. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Naiem S. Tanious, Office of Federal and 

State Materials and Environmental 

Programs, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

telephone: 301–415–6103, email: 

Naiem.Tanious@nrc.gov. 

SUPPLEMENTARY INFORMATION: On March 

18, 2013 (78 FR 16601), the NRC 

published in the Federal Register a 

direct final rule amending its 

regulations in part 72 of Title 10 of the 

Code of Federal Regulations (10 CFR) to 

include Amendment No. 3 to CoC No. 

1031, MAGNASTOR® System listing 

within the ‘‘List of Approved Spent Fuel 

Storage Casks.’’ The direct final rule was 

to become effective on June 3, 2013. The 

NRC also concurrently published a 

companion proposed rule on March 18, 

2013 (78 FR 16619). 


tkelley on DSK3SPTVN1PROD with RULES