Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5381 

§ 27.69 [Removed and Reserved] 

■ 11. Section 27.69 is removed and 

reserved. 

§ 27.72 [Removed and Reserved] 

■ 12. Section 27.72 is removed and 

reserved. 

■ 13. Section 27.80 is revised to read as 

follows: 

§ 27.80 Fees; review classification, futures 

classification and supervision. 

For services rendered by the Cotton 

and Tobacco Programs pursuant to this 

subpart, whether the cotton involved is 

tenderable or not, the person requesting 

the services shall pay fees as follows: 

(a) [Reserved] 

(b) [Reserved] 

(c) [Reserved] 

(d) Futures classification—$3.50 per 

bale. 

Dated: January 30, 2012. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–2382 Filed 2–2–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0004] 

RIN 0579–AD58 

Plum Pox Compensation 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the plum 

pox regulations to provide for the 

payment of compensation to eligible 

owners of non-fruit-bearing ornamental 

tree nurseries and to increase the 

amount of compensation that may be 

paid to eligible owners of commercial 

stone fruit orchards and fruit tree 

nurseries whose trees are required to be 

destroyed in order to prevent the spread 

of plum pox. We are also providing 

updated instructions for the submission 

of claims for compensation. These 

changes are necessary to provide 

adequate compensation to persons who 

are economically affected by the plum 

pox quarantine and the associated State 

and Federal eradication efforts. This 

action will assist our efforts to eradicate 

plum pox in the United States. 

DATES: This interim rule is effective 

upon February 3, 2012. We will 

consider all comments that we receive 

on or before April 3, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0004- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0004, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2011-0004 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

S. Anwar Rizvi, Plum Pox National 

Program Manager, PPQ, APHIS, 4700 

River Road Unit 26, Riverdale, MD 

20737–1231; (301) 734–4313. 

SUPPLEMENTARY INFORMATION: 

Background 

Plum pox is an extremely serious viral 

disease of plants that can affect many 

Prunus (stone fruit) species, including 

plum, peach, apricot, almond, nectarine, 

and sweet and tart cherry. A number of 

wild and ornamental Prunus species 

may also be susceptible to this disease. 

Infection eventually results in severely 

reduced fruit production, and the fruit 

that is produced is often misshapen and 

blemished. In Europe, plum pox has 

been present for a number of years and 

is considered to be the most serious 

disease affecting susceptible Prunus 

varieties. Plum pox is transmitted 

locally by various aphid species, as well 

as by budding and grafting with infected 

plant material, and spreads over longer 

distances through movement of infected 

budwood, nursery stock, and other plant 

parts. 

There are no known effective methods 

for treating trees or other plant material 

infected with plum pox, nor are there 

any known effective prophylactic 

treatments to prevent the disease from 

occurring in trees that are exposed to 

the disease due to their proximity to 

infected trees. Without effective 

treatments, the only option for 

preventing the spread of the disease is 

the destruction of infected and exposed 

trees. 

The first documented case of plum 

pox in the United States was detected in 

an Adams County, PA, orchard in 1999. 

In 2006, additional detections were 

made in New York and Michigan. 

Through cooperative Federal/State 

efforts, plum pox has been eradicated in 

Pennsylvania and Michigan. Currently, 

portions of Niagara, Orleans, and Wayne 

Counties, NY, are the only areas in the 

United States quarantined because of 

plum pox. 

The regulations in Subpart—Plum 

Pox (7 CFR 301.74 through 301.74–5), 

referred to below as the regulations, 

quarantine areas of the United States 

where plum pox has been detected and 

restrict the interstate movement of 

regulated articles (e.g., trees, seedlings, 

root stock, budwood, branches, twigs, 

and leaves of susceptible Prunus spp.) 

from quarantined areas to prevent the 

spread of plum pox virus (PPV) into 

uninfected areas of the United States. 

In addition to the quarantine and 

interstate movement restrictions in the 

regulations, § 310.74–5 also provides for 

the payment of compensation to eligible 

owners of commercial stone fruit 

orchards, including direct marketers, 

and fruit tree nurseries. Compensation 

payments are provided to eligible 

orchard owners to mitigate losses 

associated with the destruction of trees 

in order to control plum pox pursuant 

to an emergency action notification 

(EAN) issued by the U.S. Department of 

Agriculture’s (USDA) Animal and Plant 

Health Inspection Service (APHIS). 

Payments are also provided to eligible 

nursery owners to mitigate the net 

revenue losses associated with the 

prohibition on the movement or sale of 

nursery stock as a result of the issuance 

of an EAN by APHIS with respect to 

regulated articles within the nursery in 

order to control plum pox. 

The compensation provisions of 

§ 301.74–5 were established to reduce 

the economic effect of the plum pox 

quarantine on affected commercial 

growers and nursery owners, thus 

ensuring their continued cooperation 

with the survey and eradication 

activities being conducted by APHIS 

and State plant health agencies. The 

availability of compensation played an 

important role in the successful 

eradication of plum pox from Adams 

County, PA. Affected owners of 

commercial stone fruit orchards and 

fruit tree nurseries in the quarantined 

areas of New York are eligible for, and 

have received, compensation payments 

in connection with the destruction of 

trees and the resulting loss in income 


tkelley on DSK3SPTVN1PROD with RULES
5382 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 

associated with the ongoing eradication 

efforts in that State. 

The compensation provisions for 

commercial stone fruit orchards and 

fruit tree nurseries were promulgated in 

2000 following the establishment of the 

plum pox quarantine and regulations. 

Subsequently, in 2004 we amended the 

regulations to provide for the payment, 

under certain circumstances, of 

compensation to direct market growers, 

who we defined as growers who 

produce fruit and sell the fruit 

themselves for premium prices at 

farmers markets. The 2004 rule also 

added provisions for the payment of 

compensation for stone fruit trees 

destroyed at less than 1 year of age. 

Since that 2004 final rule, we have not 

made any adjustments to the 

compensation provisions of the 

regulations. 

Increased Payment Amounts 

Due to changes in management 

practices by stone fruit growers and 

direct marketers and in fruit tree 

nurseries, along with the effects of 

inflation and increases in the prices for 

the products of commercial stone fruit 

orchards and nurseries containing stone 

fruit trees, the compensation amounts in 

§ 310.74–5 no longer accurately reflect 

the economic losses experienced by 

grove owners, direct marketers, and 

nursery owners who are subject to an 

EAN issued by APHIS in order to 

prevent the spread of plum pox. 

Further, the State/Federal eradication 

program has adopted the 

recommendations of plum pox experts 

to remove all potentially exposed host 

trees within a 500-meter radius from an 

infected tree, so it has become 

increasingly necessary to update the 

plum pox compensation rates to reflect 

current market conditions and thereby 

ensure the continued cooperation of 

business operations affected by the 

eradication program. Therefore, in this 

interim rule, we are amending § 301.74– 

5 to raise the payment amounts found 

in paragraph (b) of that section. 

The current amounts of compensation 

for owners of commercial stone fruit 

orchards, including direct marketers, are 

presented in two tables in § 310.74– 

5(b)(1). Depending on the age of the 

trees and based on a 3-year fallow 

period, those amounts range from 

$2,403 to a maximum of $25,859 per 

acre for direct marketers and $15,000 

per acre for all other orchard owners. 

The new compensation amounts, which 

are also dependent on the age of the tree 

and based on a 3-year fallow period, 

will range from a minimum of $3,302 

for all growers to a maximum of $29,743 

per acre for direct marketers and 

$18,519 per acre for all other orchard 

owners. We have based the amount of 

the increased compensation on the 

recommendations of a panel composed 

of APHIS and State representatives, 

industry representatives, and university 

scientists. The increased amounts are 

derived from increasing the calculated 

price per bushel and taking into account 

the increased costs of production and of 

land preparation. The initial regulatory 

flexibility analysis prepared for this 

rule, which may be viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov), provides a 

detailed explanation of the methodology 

is used to calculate the updated 

compensation rates. The methodology 

used is the same as that used to 

determine the original compensation 

rates. 

We are also amending the regulations 

in § 301.74–5(b)(2) to increase the 

amount of compensation that may be 

paid to eligible owners of fruit tree 

nurseries for net revenues lost from 

their first and second year crops as the 

result of the issuance of an EAN. We are 

doing so by increasing the average price 

per tree, which is one of the factors 

considered in the formula for arriving at 

the amount of compensation to be paid. 

The average price per tree for a first 

year crop (trees that were expected to be 

sold in the year during which the EAN 

was issued) has been $4.65 for all tree 

types, and the average price per tree for 

a second year crop (trees that would be 

expected to be sold in the year following 

the year during which the EAN was 

issued) has been $4.65 for plum and 

apricot trees and $3.30 for peach and 

nectarine trees. In this rule, we are 

setting the average price per tree at 

$5.22 for plum and apricot trees and 

$3.69 for peach and nectarine trees for 

both first and second year crops. We 

based these changes on the adjusted 

base price for a field-grown 18-inch fruit 

or nut tree found in the Eligible Plant 

List (a listing of insurable plants 

approved by USDA’s Risk Management 

Agency) and Plant Price Schedule (a 

schedule of prices for insurable nursery 

plants) for the 2011 and Succeeding 

Crop Years Nursery Crop Insurance 

Program. 

Eligible Nurseries 

As discussed above, owners of fruit 

tree nurseries may be eligible to receive 

compensation for net revenue losses 

associated with the prohibition on the 

movement or sale of nursery stock as a 

result of the issuance of an EAN by 

APHIS with respect to regulated articles 

within the nursery in order to control 

plum pox. While the regulations are 

specific to fruit tree nurseries, studies 

have proven that non-fruit-bearing 

ornamental trees are susceptible to plum 

pox and may serve as host material for 

the virus. As such, they represent a risk 

to eradication efforts and are included 

in the list of regulated articles in 

§ 301.74–2 of the regulations. Currently, 

three varieties of non-fruit-bearing 

ornamental trees have been verified as 

host material for plum pox: Purpleleaf 

plum varieties, dwarf flowering almond 

varieties, and sandcherry varieties. 

Because nurseries containing non-fruitbearing ornamental trees may be subject 

to the same prohibitions on the 

movement or sale of nursery stock as 

those containing fruit trees, we are 

amending the regulations to provide 

that owners of non-fruit-bearing 

ornamental tree nurseries are eligible for 

compensation. 

Paragraph (a) of § 301.74–5 describes 

the individuals who are eligible to 

receive compensation from USDA to 

mitigate losses or expenses incurred 

because of the plum pox quarantine and 

emergency actions. In this rule, we are 

adding a new paragraph (a)(3) to state 

that the owner of a non-fruit-bearing 

ornamental tree nursery will be eligible 

to receive compensation for net revenue 

losses associated with the prohibition 

on the movement or sale of nursery 

stock as a result of the issuance of an 

EAN by APHIS with respect to regulated 

articles within the nursery in order to 

control plum pox. 

Paragraph (b) of § 301.74–5 sets out 

the amounts that eligible individuals 

may receive upon approval of their 

claims. In this rule, we are adding a new 

paragraph (b)(3) that provides that the 

owner of a non-fruit-bearing ornamental 

tree nursery will be eligible to receive 

compensation for up to 85 percent of the 

net revenue losses associated with the 

prohibition on the movement or sale of 

nursery stock as a result of the issuance 

of an EAN with respect to regulated 

articles within the nursery in order to 

control plum pox. This is consistent 

with the existing provisions in § 301.74– 

5(b)(2) regarding the payment of 

compensation to eligible owners of fruit 

tree nurseries. Net revenues will be 

calculated using an average price of 

$10.80 per tree or shrub. This amount is 

based on the average base prices for 

two- and five-gallon container-grown 

deciduous trees and shrubs from the 

Plant Price Schedule used in the 

Nursery Crop Insurance Program cited 

above. 

Application Forms 

The current regulations provide a 

mailing address in Pennsylvania from 

which the form for submitting a claim 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5383 

for compensation may be obtained and 

to which the completed form must be 

submitted. Because plum pox has been 

eradicated in Pennsylvania, our 

Pennsylvania State office will no longer 

process compensation claims. 

Therefore, we are amending the 

regulations to provide alternative 

instructions for the submission of 

claims. Specifically, we are providing a 

link to the APHIS Web site where 

individuals seeking to file a claim will 

find the mailing address, telephone 

number, and email address for the 

National Director of the Plum Pox 

Eradication Program from whom the 

form for submitting a claim for 

compensation may be obtained and 

subsequently submitted. Federal and 

State officials with the plum pox 

eradication program will also be able to 

provide this information in person to 

affected growers, direct marketers, and 

nursery owners in the quarantined area. 

Immediate Action 

Immediate action is necessary to 

reduce the economic effect of the plum 

pox quarantine on affected commercial 

stone fruit growers and nursery owners, 

thus ensuring the continued cooperation 

of growers and nursery owners with the 

survey and eradication activities being 

conducted by the State of New York and 

APHIS. 

Under these circumstances, the 

Administrator has determined that prior 

notice and opportunity for public 

comment are contrary to the public 

interest and that there is good cause 

under 5 U.S.C. 553 for making this 

action effective less than 30 days after 

publication in the Federal Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule has been determined 

to be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. The full analysis may be 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov) or 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

The current compensation rates were 

established in 2000 and 2004 during the 

initial plum pox outbreak in 

Pennsylvania. Earnings by stone fruit 

farmers and nurseries have since 

changed due to inflation and changes in 

management practices. This revision of 

the plum pox compensation rates will 

help ensure compliance with the 

quarantine and provide an incentive for 

maintaining 500-meter buffers around 

positive sites, as recommended by 

USDA plum pox experts and in contrast 

to the 50-meter buffers that have been 

used by some growers. 

The revised compensation rates are 

based on the same methodology as was 

used to determine the current rates. 

USDA compensates for up to 85 percent 

of the difference in value between 

destroyed and replanted orchards. The 

compensation rate depends on the year 

in an orchard’s life cycle that 

destruction of the trees occurs. 

Assuming a 3-year fallow period 

following the destruction of an orchard, 

the revised compensation payments 

range from $3,302 to $18,519 per acre, 

when the farmer sells to processors or 

wholesalers; and $3,302 to $29,743 per 

acre, when the farmer sells directly to 

consumers (such as at farmers’ markets). 

Owners of fruit tree nurseries and 

non-fruit-bearing tree nurseries who 

meet the eligibility requirements will be 

compensated by USDA for up to 85 

percent of the net revenues lost from 

their crops. The lost net revenues for 

non-fruit-bearing tree nurseries will be 

calculated using an average price of 

$10.80 per tree or shrub. The lost net 

revenues for fruit tree nurseries will be 

calculated using an average price per 

tree at $5.22 for plum and apricot trees 

and $3.69 for peach and nectarine trees 

for both first and second year crops. 

To date, a total of 11 peach growers 

and 12 nursery owners in the 

quarantined areas in New York have 

been compensated for the destruction of 

PPV-infected and -exposed trees and 

nursery stock. Most, if not all, of the 

affected farms and nurseries are 

considered to be small entities, based on 

the Small Business Administration 

standard of annual receipts of not more 

than $750,000 and national sales data. 

These businesses will directly benefit 

from the higher compensation rates, and 

eradication of the disease will be more 

effectively achieved. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. Section 301.74–5 is amended as 

follows: 

■ a. By adding a new paragraph (a)(3) to 

read as set forth below. 

■ b. By revising the tables in paragraphs 

(b)(1)(i) and (b)(1)(ii) to read as set forth 

below. 

■ c. In paragraph (b)(2)(i)(B), by 

removing the figure ‘‘$4.65’’ and adding 

the words ‘‘$5.22 for plum and apricot 

trees and $3.69 for peach and nectarine 

trees’’ in its place. 

■ d. In paragraph (b)(2)(ii)(B), by 

removing the words ‘‘$4.65 for plum 

and apricot trees and $3.30’’ and adding 

the words ‘‘$5.22 for plum and apricot 

trees and $3.69’’ in their place. 

■ e. By adding a new paragraph (b)(3) to 

read as set forth below. 

■ f. By revising paragraph (c) 

introductory text to read as set forth 

below. 

■ g. In the heading of paragraph (c)(3), 

by adding the words ‘‘and owners of 

non-fruit-bearing ornamental tree 

nurseries’’ after the word ‘‘nurseries’’. 


tkelley on DSK3SPTVN1PROD with RULES
5384 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 

§ 301.74–5 Compensation. 

(a) * * * 

(3) Owners of non-fruit-bearing 

ornamental tree nurseries. The owner of 

a non-fruit-bearing ornamental tree 

nursery will be eligible to receive 

compensation for net revenue losses 

associated with the prohibition on the 

movement or sale of nursery stock as a 

result of the issuance of an emergency 

action notification by APHIS with 

respect to regulated articles within the 

nursery in order to control plum pox. 

(b) * * * 

(1) * * * 

(i) * * * 

Age of trees (years) 

Maximum compensation 

rate ($/acre, equal to 

85% of loss in value) 

based on 3-year fallow 

period 

Maximum additional 

compensation ($/acre, 

equal to 85% of loss in 

value) for 4th fallow year 

Maximum additional 

compensation ($/acre, 

equal to 85% of loss in 

value) for 5th fallow year 

Less than 1 .................................................................................. $3,302 $954 $842 

1 ................................................................................................... 11,639 1,936 1,721 

2 ................................................................................................... 16,327 1,936 1,721 

3 ................................................................................................... 20,725 1,936 1,721 

4 ................................................................................................... 26,222 1,936 1,721 

5 ................................................................................................... 28,820 1,936 1,721 

6 ................................................................................................... 29,592 1,936 1,721 

7 ................................................................................................... 29,743 1,936 1,721 

8 ................................................................................................... 29,196 1,936 1,721 

9 ................................................................................................... 28,581 1,936 1,721 

10 ................................................................................................. 27,889 1,936 1,721 

11 ................................................................................................. 27,110 1,936 1,721 

12 ................................................................................................. 26,234 1,936 1,721 

13 ................................................................................................. 25,248 1,936 1,721 

14 ................................................................................................. 24,140 1,936 1,721 

15 ................................................................................................. 22,892 1,936 1,721 

16 ................................................................................................. 21,489 1,936 1,721 

17 ................................................................................................. 20,054 1,936 1,721 

18 ................................................................................................. 18,582 1,936 1,721 

19 ................................................................................................. 17,070 1,936 1,721 

20 ................................................................................................. 15,513 1,936 1,721 

21 ................................................................................................. 13,905 1,936 1,721 

22 ................................................................................................. 12,382 1,936 1,721 

23 ................................................................................................. 10,955 1,936 1,721 

24 ................................................................................................. 9,638 1,936 1,721 

25 ................................................................................................. 8,442 1,936 1,721 

(ii) * * * 

Age of trees (years) 

Maximum compensation 

rate ($/acre, equal to 

85% of loss in value) 

based on 3-year fallow 

period 

Maximum additional 

compensation ($/acre, 

equal to 85% of loss in 

value) for 4th fallow year 

Maximum additional 

compensation ($/acre, 

equal to 85% of loss in 

value) for 5th fallow year 

Less than 1 .................................................................................. $3,302 $954 $842 

1 ................................................................................................... 6,959 1,072 953 

2 ................................................................................................... 10,090 1,072 953 

3 ................................................................................................... 12,737 1,072 953 

4 ................................................................................................... 16,263 1,072 953 

5 ................................................................................................... 17,929 1,072 953 

6 ................................................................................................... 18,423 1,072 953 

7 ................................................................................................... 18,519 1,072 953 

8 ................................................................................................... 18,167 1,072 953 

9 ................................................................................................... 17,771 1,072 953 

10 ................................................................................................. 17,325 1,072 953 

11 ................................................................................................. 16,823 1,072 953 

12 ................................................................................................. 16,259 1,072 953 

13 ................................................................................................. 15,625 1,072 953 

14 ................................................................................................. 14,911 1,072 953 

15 ................................................................................................. 14,107 1,072 953 

16 ................................................................................................. 13,204 1,072 953 

17 ................................................................................................. 12,279 1,072 953 

18 ................................................................................................. 11,331 1,072 953 

19 ................................................................................................. 10,356 1,072 953 

20 ................................................................................................. 9,352 1,072 953 

21 ................................................................................................. 8,314 1,072 953 

22 ................................................................................................. 7,330 1,072 953 

23 ................................................................................................. 6,408 1,072 953 

24 ................................................................................................. 5,554 1,072 953 

25 ................................................................................................. 4,777 1,072 953 


tkelley on DSK3SPTVN1PROD with RULES
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