### 3142 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations

pallet of potatoes weighs approximately 2,000 pounds and the 1,000 pound minimum quantity exception did not accommodate this size shipment. No

other alternatives were discussed.

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 rule relaxes the minimum quantity exception under the order from 1,000 to 2,000 pounds. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large Colorado Area No. 3 potato 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.

USDA has not identified any relevant Federal rules that duplicate, overlap, or

conflict with this rule.

In addition, the Committee’s meeting was widely publicized throughout the Colorado Area No. 3 potato industry and all interested persons were invited to attend the meeting and participate in

Committee deliberations on all issues. Like all Committee meetings, the May 14, 2014, 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 comments on this interim rule, including 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 Jeffrey Smutny at the previously mentioned address in

the **FOR FURTHER INFORMATION CONTACT**
section.

This rule invites comments on an increase to the quantity of potatoes that may be handled under the order without regard to the handling requirements. 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) Any changes resulting from

this rule should be effective as soon as practicable because the shipping season for Colorado potatoes began in September of 2014; (2) the Committee unanimously recommended this change at a public meeting and interested parties had an opportunity to provide input; (3) potato handlers are aware of this action and want to take advantage of this relaxation; 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 948

Marketing agreements, Potatoes, Reporting and recordkeeping requirements.

For the reasons set forth above, 7 CFR part 948 is amended as follows:

**PART 948—IRISH POTATOES GROWN**

**IN COLORADO**

■ 1. The authority citation for 7 CFR part 948 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Amend § 948.387(f) to read as

follows:

**§ 948.387 Handling regulation.**

* * * * *

(f) Minimum quantity. For purpose of regulation under this part, each person may handle up to but not to exceed 2,000 pounds of potatoes per shipment without regard to the requirements of paragraphs (a) and (b) of this section, but this exception shall not apply to any shipment of over 2,000 pounds of
potatoes.

* * * * * Dated: January 15, 2015.

Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.

[FR Doc. 2015–01014 Filed 1–21–15; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 985**

**[Doc. No. AMS–FV–13–0087; FV14–985–1B 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 2014–2015 Marketing Year** 

**AGENCY :**  Agricultural Marketing Service,

USDA.

**ACTION :**  Interim rule with request for

comments.

**SUMMARY :**  This interim rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2014–2015 marketing year under the Far West spearmint oil marketing order. This rule increases the Native spearmint oil salable quantity from 1,090,821 pounds to 1,280,561 pounds and the allotment percentage from 46 percent to 54 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 recommended this rule for the purpose of maintaining orderly marketing conditions in the Far West spearmint oil

market.

**DATES :**  Effective January 22, 2015 and applicable to the 2014–2015 marketing year; comments received by March 23, 2015 will be considered prior to

issuance of a final rule.

**ADDRESSES :**  Interested persons are

invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, 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


### 3143 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations

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, Senior 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– 2724, Fax: (503) 326–7440, or Email: Barry.Broadbent@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 interim 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 Orders 12866, 13563, and 13175.

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 2014–2015 marketing year, which began on June 1, 2014, and ends on May 31, 2015.

The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with

the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.

This rule revises the quantity of Native spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2014–2015 marketing year under the Far West spearmint oil marketing order. This rule increases the Native spearmint oil salable quantity from 1,090,821 pounds to 1,280,561 pounds and the allotment percentage from 46 percent to 54
percent.

Under the volume regulation provisions of the order, the Committee meets each year to adopt a marketing policy for the ensuing year. When the Committee’s marketing policy

considerations indicate a need for limiting the quantity of spearmint oil

available to the market to establish or maintain orderly marketing conditions,

the Committee submits a recommendation to the Secretary for volume regulation.

Volume regulation under the order is effectuated through the establishment of a salable quantity and allotment percentage applicable to each class of spearmint oil handled in the production area during a marketing year. The salable quantity is the total quantity of each class of oil that handlers may purchase from, or handle on behalf of, producers during a given marketing year. The allotment percentage for each class of oil is derived by dividing the salable quantity by the total industry

allotment base for that same class of oil. The total industry allotment base is the aggregate of all allotment base held individually by producers. Producer allotment base is the quantity of each class of spearmint oil that the

Committee has determined is representative of a producer’s spearmint oil production. Each producer is allotted a pro rata share of the total salable quantity of each class of spearmint oil each marketing year. Each producer’s annual allotment is determined by applying the allotment percentage to the producer’s individual allotment base for each applicable class of spearmint oil.

The full Committee met on November 6, 2013, to consider its marketing policy for the ensuing year. At that meeting,

the Committee determined that marketing conditions indicated a need for volume regulation of both classes of spearmint oil for the 2014–2015 marketing year. The Committee recommended salable quantities of 1,149,030 pounds and 1,090,821 pounds, and allotment percentages of 55 percent and 46 percent, respectively, for Scotch and Native spearmint oil. A proposed rule to that effect was published in the Federal Register on March 14, 2014 (79 FR 14441). Comments on the proposed rule were solicited from interested persons until March 31, 2014. No comments were received. Subsequently, a final rule establishing the salable quantities and allotment percentages for Scotch and Native spearmint oil for the 2014–2015 marketing year was published in the Federal Register on May 8, 2014 (79 FR 26359).

Pursuant to authority contained in §§ 985.50, 985.51, and 985.52 of the order, the full eight member Committee met again on September 11, 2014, to consider pertinent market information on the current supply, demand, and price of spearmint oil. After some deliberation, the Committee recommended increasing the 2014–2015 marketing year Scotch spearmint oil salable quantity from 1,149,030 pounds to 1,984,423 pounds and the allotment percentage from 55 percent to 95 percent. An interim rule to that effect was published in the Federal Register on October 31, 2014 (79 FR 64657). Comments regarding the interim rule received by December 30, 2014, will be considered prior to issuance of a final

rule.

The full Committee met again on November 5, 2014, for a regularly scheduled annual meeting to evaluate the current year’s volume control regulation and to adopt a marketing policy for the 2015–2016 marketing year. At the meeting, the Committee

assessed the current market conditions for spearmint oil in relation to the salable quantities and allotment percentages established for the 2014– 2015 marketing year. The Committee considered a number of factors, including the current and projected supply, estimated future demand, production costs, and producer prices for all classes of spearmint oil. The

Committee determined that the salable quantity and allotment percentage previously established for Native spearmint oil for the 2014–2015 marketing year should be increased to

take into account the recent unanticipated rise in market demand for that class of spearmint oil.

Therefore, the Committee recommended increasing the Native spearmint oil salable quantity from


### 3144 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations

1,090,821 pounds to 1,280,561 pounds and the allotment percentage from 46 percent to 54 percent. The

recommendation to increase the salable quantity and allotment percentage passed with seven members voting in favor of the motion. The public member, while present, abstained from the vote.

Thus, taking into consideration the following discussion, this rule makes additional amounts of Native spearmint oil available to the market by increasing the salable quantity and allotment percentage previously established under the order for the 2014–2015 marketing year. This rule increases the Native spearmint oil salable quantity 189,740 pounds to 1,280,561 pounds, and raises the allotment percentage 8 percent, to 54 percent. Such additional oil will become available to the market by releasing Native spearmint oil held by producers in the reserve pool. As of May 31, 2014, the Committee records show that the reserve pool for Native spearmint oil contained 446,086 pounds

of oil.

The increase in the salable quantity as a result of this rule represents an additional 189,740 pounds of Native spearmint oil being made available to the market. However, as some individual producers do not hold Native spearmint oil from previous year’s production in the reserve pool, the Committee expects that only 148,715 pounds of additional Native spearmint oil will actually be made available to the spearmint oil market. The relatively high salable quantity resulting from this action, as compared to the actual quantity of spearmint oil that will be made available to the market, is necessary to ensure that a sufficient quantity of Native spearmint oil is available to fully supply the market.

Producers that do not have additional Native spearmint oil in inventory (oil held in the reserve pool) will not be able

to utilize the additional annual

allotment issued to them as a result of

this action and such additional annual allotment will go unused.

The 2014–2015 marketing year began on June 1, 2014, with a Native spearmint oil carry-in of 218,754 pounds (carry-in is salable Native spearmint oil from prior years that was not marketed during the 2013–2014 marketing year). This amount is significantly lower than the Committee’s projected carry-in of 307,297 pounds. As such, when the carry-in is added to the initially established 2014–2015 Native spearmint oil salable quantity of 1,090,821 pounds, the result is a total available supply for the 2014–2015 marketing year of 1,309,575 pounds. This amount is 88,543 pounds less than the 1,398,118 pounds that the

Committee believed would be available to the market when it initially recommended volume regulation for the 2014–2015 marketing year in November

2013.

In addition, the Committee staff reported that demand for Native spearmint oil is greater than originally anticipated. Committee records indicate that 2014–2015 marketing year sales through the end of October 2014, the most recent full month recorded, are 84,667 pounds higher than for the same period in the 2013–2014 marketing year.

The Committee now estimates trade demand for Native spearmint oil for the 2014–2015 marketing year to be approximately 1,341,000 pounds, up from the 1,300,000 pounds initially estimated in the fall of 2013. If realized, trade demand of 1,341,000 pounds would be 31,425 pounds more than the quantity available under the initially

established volume control levels (1,309,525 pounds available minus 1,341,000 pounds demanded = 31,425 pound supply deficit). The increased quantity of Native spearmint oil made

available to the market as a result of this

action would ensure that market demand is satisfied in the current year

and that there would be salable inventory available to the market for the start of the 2015–2016 marketing year on June 1, 2015.

In making the recommendation to increase the salable quantity and allotment percentage of Native spearmint oil, the Committee considered all currently available information on the price, supply, and demand of spearmint oil. The Committee also considered reports and

other information from handlers and producers in attendance at the meeting. Lastly, the Committee manager presented information and reports that were provided to the Committee staff by handlers and producers who were not in attendance at the November 5, 2014, meeting.

This action increases the 2014–2015 marketing year Native spearmint oil salable quantity by 189,740 pounds, to a total of 1,280,561 pounds. However, as mentioned previously, the net effect of

the increase will be much less than the

calculated increase due to the amount of actual oil individual producers have

available to market from the current year’s excess production and from reserve pool inventory. The Committee estimates that this action will actually make an additional 148,715 pounds of Native spearmint oil available to the market. That amount, combined with the 151,962 pounds of salable Native spearmint oil that the Committee estimates is currently available to the market, will make a total of 300,677 pounds that will be available to be marketed through the remainder of the marketing year. The total supply of Native spearmint oil that the Committee anticipates actually being available to

the market over the course of the 2014– 2015 marketing year will be increased to 1,458,318 pounds. Actual sales of Native spearmint oil for the 2013–2014 marketing year totaled 1,341,555 pounds.

The Committee estimates that this action will result in 117,318 pounds of salable Native spearmint oil being carried into the 2015–2016 marketing year. In addition, the Committee expects that 297,371 pounds of Native spearmint oil will be held in reserve pool stocks by producers after this increase. These inventory levels are low in comparison to historical levels, but are well within the range that the Committee believes to be appropriate moving forward. In addition, the

Committee believes that the current Native spearmint oil market situation will stimulate production of Native spearmint oil in the coming years, further ensuring that the market will be adequately supplied in the future.

As mentioned previously, when the original 2014–2015 marketing policy statement was drafted, handlers

estimated the demand for Native spearmint oil for the 2014–2015 marketing year to be 1,300,000 pounds.

The Committee’s initial

recommendation for the establishment of the Native spearmint oil salable quantity and allotment percentage for the 2014–2015 marketing year was

based on that estimate. The Committee did not anticipate the increase in demand for Native spearmint oil that the market is currently experiencing and

did not make allowances for it when the marketing policy was initially adopted.

Handlers now estimate that Native spearmint oil demand for the 2014–2015 marketing year to be as much as 1,375,000 pounds. However, at the meeting, the Committee conservatively revised its estimate to 1,341,000 pounds. The Committee now believes that the supply of Native spearmint oil

available to the market under the initially established salable quantity and allotment percentage would be insufficient to satisfy the current level of demand for oil at reasonable price

levels. The Committee further believes that the increase in the salable quantity and allotment percentage effectuated by this action is vital to ensuring an adequate supply of Native spearmint oil is available to the market moving

forward.


### 3145 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations

As previously stated, it is anticipated that this action will make 148,715 pounds of the Native spearmint oil held in the reserve pool available to the market. However, to achieve that

desired net effect under the current supply conditions in the industry, it is necessary for the salable quantity and allotment percentage established under the volume regulation provisions of the order to be set at artificially high levels.

The Committee records show that some producers do not hold Native spearmint oil in reserve. Given the process by which volume regulation is effectuated under the order, only those producers with Native spearmint oil in the reserve pool will be able to utilize the

additional annual allotment that is issued as a result of this rule. Likewise, producers that do not have Native spearmint oil reserve oil from prior years’ production will not have any Native spearmint oil inventory to offer to the market, regardless of how much

additional annual allotment is issued to those producers. As such, the Committee expects that approximately 22 percent of the increased salable quantity and allotment percentage for Native spearmint oil will go unused.

As an example, assume Producer A has 2,000 pounds of Native spearmint oil allotment base. In addition, assume that during the 2014–2015 marketing year Producer A produced 920 pounds of Native spearmint oil and currently holds 160 pounds of excess Native spearmint oil in reserve from production in prior years. Given that the initial 2014–2015 marketing year allotment percentage was established at 46 percent, Producer A could market all 920 pounds of the current year production (46 percent allotment
percentage × 2,000 pounds of allotment base), leaving him/her with 160 pounds in the reserve pool that was initially not

available to market. Without an increase in the allotment percentage, the producer would not have been able to market any of the 160 pounds of reserve

oil and the oil would have continued to have been held in the reserve pool for marketing in subsequent years. For Producer A to market all 1,080 pounds of his/her current year Native spearmint oil production and reserve inventory, the allotment percentage needs to be increased by 8 percent to a total of 54 percent (54 percent × 2,000 pounds = 1,080 pounds). An increase in the allotment percentage of anything less than 8 percent would fail to release all of the Native spearmint oil that the producer holds in the reserve pool.

In contrast, assume that another producer, Producer B, likewise has 2,000 pounds of Native spearmint oil allotment base and produced 920 pounds of Native spearmint oil during the 2014–2015 marketing year. However, Producer B has no Native spearmint oil held in reserve. As in the first case, Producer B could market all of his/her current year production under the initial allotment percentage of 46 percent. However, a subsequent increase in the allotment percentage of 8 percent would have no impact on Producer B, as the producer has no reserve pool oil

available to deliver to the market. As a result, the 160 pounds of additional

annual allotment allocated to Producer B after an 8 percent increase in the allotment percentage would go unfilled.

The Committee acknowledges that the relatively high salable quantity, and the corresponding high allotment percentage, will create a quantity of Native spearmint oil annual allotment for which no Native spearmint oil will actually be available to market. The Committee estimates that an 8 percent increase in the salable quantity is required to make the desired 148,715 pounds of Native spearmint reserve pool oil available to the market. Accordingly, the Committee expects that 41,025 pounds of the recommended 189,740 pound increase in salable quantity will go unfilled. This quantity of underutilized salable quantity has been

factored into the Committee’s

recommendation.

The Committee’s stated intent in the use of marketing order volume control regulation is to keep adequate supplies

available to meet market needs and to maintain orderly marketing conditions. With that in mind, the Committee developed its recommendation for increasing the Native spearmint oil salable quantity and allotment percentage for the 2014–2015 marketing year based on the information discussed above, as well as the summary data

outlined below.

(A) Estimated 2014–2015 Native Allotment Base—2,371,350 pounds.

This is the estimate on which the original 2014–2015 salable quantity and allotment percentage was based.

(B) Revised 2014–2015 Native Allotment Base—2,371,410 pounds. This is 60 pounds more than the estimated allotment base of 2,371,350 pounds. The difference is the result of annual adjustments made to the allotment base according to the provisions of the order.

(C) Original 2014–2015 Native Allotment Percentage—46 percent. This was unanimously recommended by the Committee on November 6, 2013.

(D) Original 2014–2015 Native Salable Quantity—1,090,821 pounds. This figure is 46 percent of the original estimated 2014–2015 allotment base of 2,371,350 pounds.

(E) Adjusted 2014–2015 Native Salable Quantity—1,090,849 pounds. This figure reflects the salable quantity actually available at the beginning of the 2014–2015 marketing year. This quantity is derived by applying the 46 percent allotment percentage to the revised allotment base of 2,371,410.

(F) Current Revision to the 2014–2015 Native Salable Quantity and Allotment Percentage:

(1) Increase in Native Allotment Percentage—8 percent. The Committee recommended an 8 percent increase at its November 5, 2014, meeting.

(2) 2014–2015 Native Allotment Percentage—54 percent. This figure is derived by adding the increase of 8 percent to the original 2014–2015 allotment percentage of 46 percent.

(3) Calculated Revised 2014–2015 Native Salable Quantity—1,280,561 pounds. This figure is 54 percent of the

revised 2014–2015 allotment base of 2,371,410 pounds.

(4) Computed Increase in the 2014– 2015 Native Salable Quantity—189,740 pounds. This figure is 8 percent of the

revised 2014–2015 allotment base of 2,371,410 pounds.

(5) Expected Actual Increase in the 2014–2015 Native Spearmint Oil Available to the Market—148,715 pounds. This figure is based on the Committee’s estimation of oil actually held in the reserve pool by producers that may enter the market as a result of

this rule.

Scotch spearmint oil is also regulated by the order. As mentioned previously, a salable quantity and allotment percentage for Scotch spearmint oil was established in a final rule published in

the Federal Register on May 8, 2014 (79 FR 26359) and subsequently increased in an interim rule published in the Federal Register on October 31, 2014 (79 FR 64657). At the November 5, 2014, meeting, the Committee considered the current production, inventory, and marketing conditions for Scotch spearmint oil. After receiving reports

from the Committee staff and comments from the industry, the consensus of the Committee was that the previously increased salable quantity and allotment percentage for Scotch spearmint oil was appropriate for the current market conditions. As such, the Committee took no further action with regards to Scotch spearmint oil for the 2014–2015 marketing year.

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


### 3146 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations

rule, the Committee’s revised marketing policy statement for the 2014–2015 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 2014–2015 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 increase in the Native spearmint oil salable quantity and allotment percentage allows for anticipated market

needs for that class of oil. In determining anticipated market needs, the Committee considered changes and trends in historical sales, production,

and demand.

Initial 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 initial regulatory flexibility analysis.

The purpose of the RFA is to fit regulatory actions to the scale of businesses 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 39 producers of Scotch spearmint oil and approximately 91 producers of Native spearmint oil in the regulated production area. Small agricultural service firms are defined by the Small Business Administration (SBA) 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 (13 CFR 121.201).

Based on the SBA’s definition of small entities, the Committee estimates that only 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 22 of the 39 Scotch spearmint oil producers and 29 of the 91 Native spearmint oil producers could be

classified as small entities under the SBA definition. Thus, the majority of handlers and producers of Far West spearmint oil may not be classified as

small entities.

The use of volume control regulation allows the spearmint oil industry to fully supply spearmint oil markets while avoiding the negative consequences of over-supplying these

markets. Without volume control regulation, the supply and price of spearmint oil 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 since 1980 and provide benefits for producers, handlers, manufacturers, and

consumers.

This rule increases the quantity of Native spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2014–2015 marketing year, which ends on May 31, 2015. The 2014–2015 Native spearmint oil salable quantity was initially established at 1,090,821 pounds and the allotment percentage initially set at 46 percent. This rule increases the Native spearmint oil salable quantity to 1,280,561 pounds and the allotment percentage from 46 percent to 54
percent.

Based on the information and projections available at the November 5, 2014, 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 input from all interested industry participants, 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.

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, Vegetable and Specialty Crop Marketing Orders. 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 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 5, 2014, 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 Jeffrey Smutny at the previously mentioned address in

the **FOR FURTHER INFORMATION CONTACT**
section.


### 3147 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations

This rule invites comments on a change to the salable quantity and allotment percentage for Native spearmint oil for the 2014–2015 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, 2015; (2) the current quantity of Native spearmint oil may be inadequate to meet demand for the 2014–2015 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 § 985.233, revise paragraph (b) to

read as follows:

**§ 985.233 Salable quantities and allotment percentages—2014–2015 marketing year.** 

* * * * *

(b) Class 3 (Native) oil—a salable quantity of 1,280,561 pounds and an allotment percentage of 54 percent. Dated: January 15, 2015.

Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.

[FR Doc. 2015–01002 Filed 1–21–15; 8:45 am]

**BILLING CODE P**

**NUCLEAR REGULATORY**

**COMMISSION**

**10 CFR Part 72**

**[NRC–2013–0271]**

**RIN 3150–AJ31**

**List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized** 

**Advanced NUHOMS** ® **Horizontal Modular Storage System; Certificate of**  **Compliance No. 1029, Amendment No.**

**3**

**AGENCY :**  U.S. Nuclear Regulatory

Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Transnuclear, Inc. (TN)

Standardized Advanced NUHOMS ® Horizontal Modular Storage System (NUHOMS ® Storage System) listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1029. The NRC published a direct

final rule on this amendment in the Federal Register on April 15, 2014. The NRC also concurrently published an identical proposed rule on April 15, 2014. The NRC received significant

adverse comments on the direct final rule; therefore, the NRC withdrew the direct final rule on June 25, 2014, and is proceeding, in this Federal Register notice, to address the comments on the companion proposed rule.

**DATES :**  This final rule is effective on February 23, 2015.

**ADDRESSES :**  Please refer to Docket ID NRC–2013–0271 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

• Federal Rulemaking Web site: Go to http://www.regulations.gov and search

for Docket ID NRC–2013–0271. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422;

email: Carol.Gallagher@nrc.gov. For technical questions, contact the

individual listed in the **FOR FURTHER**

**INFORMATION CONTACT** section of this

document. • NRC’s Agencywide Documents Access and Management System(ADAMS): You may obtain publiclyavailable documents online in the

ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/

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. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section of

this document.

• NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

**FOR FURTHER INFORMATION CONTACT :**  Gregory R. Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415–6445, email: Gregory.Trussell@

nrc.gov.

**SUPPLEMENTARY INFORMATION :** 

Table of Contents

I. Background II. Discussion of Changes III. Public Comment Analysis IV. Voluntary Consensus Standards V. Agreement State Compatibility VI. Plain Writing VII. Finding of No Significant Environmental

Impact: Availability VIII. Paperwork Reduction Act Statement IX. Regulatory Analysis X. Regulatory Flexibility Certification XI. Backfitting and Issue Finality XII. Congressional Review Act XIII. Availability of Documents

I. Background

Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that ‘‘the Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by

the Commission.’’ Section 133 of the NWPA states, in part, that [the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the