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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations 3143 

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 


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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. 


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

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 


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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. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations 3147 

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 


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