Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5385 

* * * * * 

(3) Owners of non-fruit-bearing 

ornamental tree nurseries. Owners of 

non-fruit-bearing ornamental tree 

nurseries who meet the eligibility 

requirements of paragraph (a)(3) of this 

section will be compensated for up to 85 

percent of the net revenues lost from 

their crop as the result of the issuance 

of an emergency action notification. Net 

revenues will be calculated using an 

average price of $10.80 per tree or 

shrub. 

(c) How to apply. The form necessary 

to submit a claim for compensation may 

be obtained from the National Director 

of the Plum Pox Eradication Program 

contact listed at http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/plum_pox/index.shtml. 

Claims for trees or nursery stock 

destroyed on or before February 3, 2012 

must be received within 60 days after 

February 3, 2012. Claims for trees or 

nursery stock destroyed after February 

3, 2012 must be received within 60 days 

after the destruction of the trees or 

nursery stock. Claims must be submitted 

as follows: 

* * * * * 

Done in Washington, DC, this 30th day of 

January 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–2448 Filed 2–2–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. Nos. AMS–FV–10–0094; FV11–985–1A 

FIR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Revision of the Salable 

Quantity and Allotment Percentage for 

Class 1 (Scotch) and Class 3 (Native) 

Spearmint Oil for the 2011–2012 

Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that revised the quantity of Class 1 

(Scotch) and Class 3 (Native) spearmint 

oil that handlers may purchase from, or 

handle on behalf of, producers during 

the 2011–2012 marketing year. The 

interim rule increased the Scotch 

spearmint oil salable quantity from 

693,141 pounds to 733,913 pounds, and 

the allotment percentage from 

34 percent to 36 percent. In addition, 

the interim rule increased the Native 

spearmint oil salable quantity from 

1,012,949 pounds to 1,266,161 pounds, 

and the allotment percentage from 

44 percent to 55 percent. This change is 

expected to moderate extreme 

fluctuations in the supply and price of 

spearmint oil and to help maintain 

stability in the Far West spearmint oil 

market. 

DATES: Effective June 1, 2011, through 

May 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Marketing Specialist, 

or Gary Olson, Regional Manager, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Programs, 

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 obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or by contacting Laurel May, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Programs, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

985 (7 CFR part 985), as amended, 

regulating the handling of spearmint oil 

produced in the Far West (Washington, 

Idaho, Oregon, and designated parts of 

Nevada and Utah), hereinafter referred 

to as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended 

(7 U.S.C. 601–674), hereinafter referred 

to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

The handling of spearmint oil 

produced in the Far West is regulated by 

7 CFR part 985. Under the authority of 

the order, salable quantities and 

allotment percentages were established 

for both Scotch and Native spearmint oil 

for the 2011–2012 marketing year. 

However, early in the 2011–2012 

marketing year, it became evident to the 

Committee and the industry that 

demand for spearmint oil was greater 

than previously projected and that an 

intra-seasonal increase in the salable 

quantity and allotment percentage for 

each class of oil was warranted. 

Therefore, this rule continues in effect 

the action that increased the Scotch 

spearmint oil salable quantity from 

693,141 pounds to 733,913 pounds and 

allotment percentage from 34 percent to 

36 percent. In addition, this rule 

continues in effect the action that 

increased the Native spearmint oil 

salable quantity from 1,012,949 pounds 

to 1,266,161 pounds and allotment 

percentage from 44 percent to 

55 percent. 

In an interim rule published in the 

Federal Register on October 6, 2011, 

and effective June 1, 2011 through May 

31, 2012, (76 FR 61933, Doc. No. AMS– 

FV–10–0094, FV11–985–1 IR), § 985.230 

was amended to reflect the 

aforementioned increases in the salable 

quantities and allotment percentages for 

Scotch and Native spearmint oil for the 

2011–2012 marketing year. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are 8 spearmint oil handlers 

subject to regulation under the order, 

and approximately 32 producers of 

Scotch spearmint oil and approximately 

88 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 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 8 

of the 32 Scotch spearmint oil producers 

and 22 of the 88 Native spearmint oil 


tkelley on DSK3SPTVN1PROD with RULES
5386 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 

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 use of volume control regulation 

allows the industry to fully supply 

spearmint oil markets while avoiding 

the negative consequences of oversupplying these markets. Volume 

control is believed to have little or no 

effect on consumer prices of products 

containing spearmint oil and likely does 

not result in fewer retail sales of such 

products. Without volume control, 

producers would not be limited in the 

production and marketing of spearmint 

oil. Under those conditions, the 

spearmint oil market would likely 

fluctuate widely. Periods of oversupply 

could result in low producer prices and 

a large volume of oil stored and carried 

over to future crop years. Periods of 

undersupply could lead to excessive 

price spikes and could drive end users 

to source flavoring needs from other 

markets, potentially causing long term 

economic damage to the domestic 

spearmint oil industry. The order’s 

volume control provisions have been 

successfully implemented in the 

domestic spearmint oil industry for 

nearly three decades and provide 

benefits for producers, handlers, 

manufacturers, and consumers. 

This rule continues in effect the 

action that increased the quantity of 

Scotch and Native spearmint oil that 

handlers may purchase from, or handle 

on behalf of, producers during the 

2011–2012 marketing year, which ends 

on May 31, 2012. The Scotch spearmint 

oil salable quantity was increased from 

693,141 pounds to 733,913 pounds and 

the allotment percentage from 

34 percent to 36 percent. Additionally, 

the Native spearmint oil salable quantity 

was increased from 1,012,949 pounds to 

1,266,161 pounds and the allotment 

percentage from 44 percent to 

55 percent. 

The Committee reached its 

recommendation to increase the salable 

quantity and allotment percentage for 

both Scotch and Native spearmint oil 

after careful consideration of all 

available information, and believes that 

the levels recommended will achieve 

the objectives sought. Without the 

increase, the Committee believes the 

industry would not be able to 

satisfactorily meet current 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. 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 August 17, 2011, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

December 5, 2011. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

http://www.regulations.gov/ 

#!documentDetail;D=AMS-FV-10-0094- 

0003. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

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

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (76 FR 61933, October 6, 2011) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

Accordingly, the interim rule that 

amended 7 CFR part 985 and that was 

published at 76 FR 61933 on October 6, 

2011, is adopted as a final rule, without 

change. 

Dated: January 30, 2012. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–2376 Filed 2–2–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1206; Directorate 

Identifier 2009–NM–216–AD; Amendment 

39–16868; AD 2011–24–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to certain Model DC–10–10, 

DC–10–10F, and MD–10–10F airplanes. 

The airplane manufacturer name stated 

in the subject line, product 

identification section, and paragraph (c) 

of that AD, is incorrect. Also, the email 

address provided in paragraphs (i)(1) 

and (j) of that AD is incorrect. This 

document corrects those errors. In all 

other respects, the original document 

remains the same. 

DATES: This final rule is effective 

February 3, 2012. The effective date for 

AD 2011–24–04, Amendment 39–16868 

(76 FR 73491, November 29, 2011) 

remains January 3, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: (800) 647–5527) 

is Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Nenita Odesa, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; phone: (562) 

627–5234; fax: (562) 627–5210; email: 

nenita.odesa@faa.gov. 


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