Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72355 

Dated: November 23, 2005. 

Eric M. Bost, 

Under Secretary for Food, Nutrition and 

Consumer Services. 

[FR Doc. 05–23619 Filed 12–2–05; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Docket No. FV05–985–2 IFR A] 

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 

2005–2006 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule amends a prior 

interim final rule that increased the 

quantity of Class 1 (Scotch) and Class 3 

(Native) spearmint oil that handlers may 

purchase from, or handle for, producers 

during the 2005–2006 marketing year. 

The prior interim final rule increased 

the Scotch spearmint oil salable 

quantity from 677,409 pounds to 

1,062,898 pounds, and the allotment 

percentage from 35 percent to 55 

percent. In addition, the prior interim 

final rule increased the Native 

spearmint oil salable quantity from 

867,958 pounds to 1,019,600 pounds, 

and the allotment percentage from 40 

percent to 47 percent. This action does 

not affect the Scotch spearmint oil 

salable quantity and allotment 

percentage; however, it increases the 

Native spearmint oil salable quantity by 

an additional 151,855 pounds from 

1,019,600 pounds to 1,171,455 pounds, 

and the allotment percentage by an 

additional 7 percent from 47 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 avoiding extreme fluctuations in 

supplies and prices and to help 

maintain stability in the Far West 

spearmint oil market. 

DATES: Effective June 1, 2005, through 

May 31, 2006; comments received by 

February 3, 2006 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 Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

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 at: http:// 

www.ams.usda.gov/fv/moab.html. 

FOR FURTHER INFORMATION CONTACT: 

Susan M. Hiller, Northwest Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440; or George Kelhart, Technical 

Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 

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

720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, 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 E-mail: 

Jay.Guerber@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. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

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

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

The initial salable quantities and 

allotment percentages for Scotch and 

Native spearmint oil for the 2005–2006 

marketing year were recommended by 

the Committee at its October 6, 2004, 

meeting. The Committee recommended 

salable quantities of 677,409 pounds 

and 867,958 pounds, and allotment 

percentages of 35 percent and 40 

percent, respectively, for Scotch and 

Native spearmint oil. A proposed rule 

was published in the Federal Register 

on January 12, 2005 (70 FR 2027). 

Comments on the proposed rule were 

solicited from interested persons until 

February 11, 2005. No comments were 

received. Subsequently, a final rule 

establishing the salable quantities and 

allotment percentages for Scotch and 

Native spearmint oil for the 2005–2006 

marketing year was published in the 

Federal Register on March 24, 2005 (70 

FR 14969). 

Pursuant to authority contained in 

§§ 985.50, 985.51, and 985.52 of the 

order, the Committee has made 

recommendations to increase the 

quantity of Scotch and Native spearmint 

oil that handlers may purchase from, or 

handle for, producers during the 2005–

2006 marketing year, which ends on 

May 31, 2006. An interim final rule was 

published in the Federal Register on 

September 23, 2005 (70 FR 55713), 

which increased the 2005–2006 

marketing year salable quantities and 

allotment percentages for Scotch and 

Native spearmint oil to 1,062,898 

pounds and 55 percent, and 1,019,600 

pounds and 47 percent, respectively. 

Comments on the interim final rule are 

being solicited from interested persons 

through November 22, 2005. 

This rule amends the interim final 

rule that was published in the Federal 

Register on September 23, 2005, and is 

based on a unanimous Committee 

recommendation made at a meeting on 

October 5, 2005, to increase the Native 

spearmint oil salable quantity by an 

72356 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

additional 151,855 pounds from 

1,019,600 pounds to 1,171,455 pounds 

and the allotment percentage by an 

additional 7 percent from 47 percent to 

54 percent. The Committee did not 

make a recommendation to increase the 

Scotch spearmint oil salable quantity or 

allotment percentage by an additional 

amount at this time due to stable market 

conditions. 

Thus, taking into consideration the 

following discussion on adjustments to 

the Native spearmint oil salable 

quantity, this rule increases the 2005–

2006 marketing year salable quantity 

and allotment percentage for Native 

spearmint oil to 1,171,455 pounds and 

54 percent, respectively. The 2005–2006 

marketing year salable quantity and 

allotment percentage for Scotch 

spearmint oil remains unchanged at 

1,062,898 pounds and 55 percent, 

respectively. 

The salable quantity is the total 

quantity of each class of oil that 

handlers may purchase from, or handle 

for, producers during the marketing 

year. The total salable quantity is 

divided by the total industry allotment 

base to determine an allotment 

percentage. Each producer is allotted a 

share of the salable quantity by applying 

the allotment percentage to the 

producer’s individual allotment base for 

the applicable class of spearmint oil. 

The original total industry allotment 

base for Native spearmint oil for the 

2005–2006 marketing year was 

established at 2,169,894 pounds and 

was revised at the beginning of the 

2005–2006 marketing year to 2,169,362 

pounds to reflect a 2004–2005 

marketing year loss of 532 pounds of 

base due to non-production of some 

producers’ total annual allotments. 

When the revised total allotment base of 

2,169,362 pounds is applied to the 

originally established allotment 

percentage of 40 percent, the initially 

established 2005–2006 marketing year 

salable quantity of 867,958 is effectively 

modified to 867,745 pounds. 

By increasing the salable quantity and 

allotment percentage, this rule makes an 

additional amount of Native spearmint 

oil available by releasing oil from the 

reserve pool. When applied to each 

individual producer, this allotment 

percentage increase allows each 

producer to take up to an amount equal 

to their allotment base from their Native 

oil reserve. This action makes an 

additional 80,766 pounds of Native 

spearmint oil available to the market. 

This figure is less than the salable 

quantity increase because not all 

producers have enough Native 

spearmint oil left in their reserves to 

take full advantage of this release. In 

addition, pursuant to §§ 985.56 and 

985.156, producers with excess oil are 

not able to transfer such excess oil to 

other producers to fill deficiencies in 

annual allotments after November 1 of 

each marketing year. Since this increase 

in the Native spearmint oil salable 

quantity is effective after November 1, 

71,089 pounds of the 151,855 pound 

increase is not being made available. 

The following table summarizes the 

Committee recommendation: 

Native Spearmint Oil Recommendation 

(A) Estimated 2005–2006 Allotment 

Base—2,169,894 pounds. This is the 

estimate on which the original 2005–

2006 Native spearmint oil salable 

quantity and allotment percentage was 

based. 

(B) Revised 2005–2006 Allotment 

Base—2,169,362 pounds. This is 532 

pounds less than the estimated 

allotment base of 2,169,894 pounds. 

This is less because some producers 

failed to produce all of their 2004–2005 

allotment. 

(C) Initial 2005–2006 Allotment 

Percentage—40 percent. This was 

recommended by the Committee on 

October 6, 2004. 

(D) Initial 2005–2006 Salable 

Quantity—867,958. This figure is 40 

percent of 2,169,894 pounds. 

(E) Initial Adjustment to the 2005–

2006 Salable Quantity—867,745 

pounds. This figure reflects the salable 

quantity initially available after the 

beginning of the 2005–2006 marketing 

year due to the 532 pound reduction in 

the industry allotment base to 2,169,362 

pounds. 

(F) First Revision to the 2005–2006 

Salable Quantity and Allotment 

Percentage. 

(1) Increase in Allotment Percentage—

7 percent. The Committee 

recommended a 7 percent increase at its 

August 24, 2005, meeting. 

(2) 2005–2006 Allotment Percentage—

47 percent. This figure is derived by 

adding the increase of 7 percent to the 

initial 2005–2006 allotment percentage 

of 40 percent. 

(3) Calculated Revised 2005–2006 

Salable Quantity—1,019,600 pounds. 

This figure is 47 percent of the revised 

2005–2006 allotment base of 2,169,362 

pounds. 

(4) Computed Increase in the 2005–

2006 Salable Quantity—151,855 

pounds. This figure is 7 percent of the 

revised 2005–2006 allotment base of 

2,169,362 pounds. 

(G) Second (current) Revision to the 

2005–2006 Salable Quantity and 

Allotment Percentage. 

(1) Increase in Allotment Percentage—

7 percent. The Committee 

recommended a 7 percent increase at its 

October 5, 2005, meeting. 

(2) 2005–2006 Allotment Percentage—

54 percent. This figure is derived by 

adding the increase of 7 percent to the 

initial 2005–2006 allotment percentage 

of 47 percent. 

(3) Calculated Revised 2005–2006 

Salable Quantity—1,171,455 pounds. 

This figure is 54 percent of the revised 

2005–2006 allotment base of 2,169,362 

pounds. 

(4) Computed Increase in the 2005–

2006 Salable Quantity—151,855 

pounds. This figure is 7 percent of the 

revised 2005–2006 allotment base of 

2,169,362 pounds. 

In making this recommendation, the 

Committee considered all available 

information on price, supply, and 

demand. The Committee also 

considered reports and other 

information from handlers and 

producers in attendance at the meeting 

and reports given by the Committee 

manager from handlers who were not in 

attendance. The 2005–2006 marketing 

year began on June 1, 2005. Handlers 

have reported purchases and committed 

sales of 1,051,031 pounds of Native 

spearmint oil for the period of June 1, 

2005, through October 5, 2005. This 

amount is 109 percent of the total sales 

for the five-year average of 962,377 

pounds. Handlers estimated the total 

demand for the 2005–2006 marketing 

year could be between 1,100,000 

pounds to 1,300,000 pounds. These 

amounts exceed the five-year average for 

an entire marketing year by 137,623 

pounds to 337,623 pounds. Therefore, 

based on past history, the industry may 

not be able to meet market demand 

without this increase. When the 

Committee made its initial 

recommendation for the establishment 

of the Native spearmint oil salable 

quantity and allotment percentage for 

the 2005–2006 marketing year, it had 

anticipated that the year would end 

with an ample available supply. 

Based on its analysis of available 

information, USDA has determined that 

the salable quantity and allotment 

percentage for Native spearmint oil for 

the 2005–2006 marketing year should be 

increased to 1,171,455 pounds and 54 

percent, respectively. 

This rule relaxes the regulation of 

Native spearmint oil and will allow for 

market needs and improve producer 

returns. In conjunction with the 

issuance of this rule, the Committee’s 

revised marketing policy statement for 

the 2005–2006 marketing year has been 

reviewed by USDA. The Committee’s 

marketing policy statement, a 

requirement whenever the Committee 

recommends implementing volume 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72357 

regulations or recommends revisions to 

existing volume regulations, meets the 

intent of § 985.50 of the order. During its 

discussion of revising the 2005–2006 

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) prospective 

production of each class of oil; (4) 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 this class of oil. In 

determining anticipated market needs, 

consideration by the Committee was 

given to historical sales, and changes 

and trends in production and demand. 

As noted earlier, the Committee chose 

not to recommend an additional 

increase in Scotch spearmint oil at this 

time because of the stable market 

conditions. Handlers had reported 

purchases and committed sales of 

792,382 pounds of Scotch spearmint oil 

for the period of June 1, 2005, through 

October 5, 2005. Handlers estimate that 

the total demand for the 2005–2006 

marketing year could be between 

800,000 pounds and 950,000 pounds. 

Therefore, the current salable quantity 

of 1,019,600 pounds should adequately 

supply the 2005–2006 marketing year. 

Initial 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 

initial 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. Thus, both statutes have small 

entity orientation and compatibility. 

There are eight spearmint oil handlers 

subject to regulation under the order, 

and approximately 56 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) (13 CFR 121.201) as those having 

annual receipts of less than $6,000,000, 

and small agricultural producers are 

defined as those having annual receipts 

of less than $750,000. 

Based on the SBA’s definition of 

small entities, the Committee estimates 

that 2 of the 8 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 

14 of the 56 Scotch spearmint oil 

producers and 18 of the 88 Native 

spearmint oil producers could be 

classified as small entities under the 

SBA definition. Thus, a majority of 

handlers and producers of Far West 

spearmint oil may not be classified as 

small entities. 

The Far West spearmint oil industry 

is characterized by producers whose 

farming operations generally involve 

more than one commodity, and whose 

income from farming operations is not 

exclusively dependent on the 

production of spearmint oil. A typical 

spearmint oil-producing operation has 

enough acreage for rotation such that 

the total acreage required to produce the 

crop is about one-third spearmint and 

two-thirds rotational crops. Thus, the 

typical spearmint oil producer has to 

have considerably more acreage than is 

planted to spearmint during any given 

season. Crop rotation is an essential 

cultural practice in the production of 

spearmint for weed, insect, and disease 

control. To remain economically viable 

with the added costs associated with 

spearmint oil production, most 

spearmint oil-producing farms fall into 

the SBA category of large businesses. 

Small spearmint oil producers 

generally are not as extensively 

diversified as larger ones and as such 

are more at risk to market fluctuations. 

Such small producers generally need to 

market their entire annual crop and do 

not have the luxury of having other 

crops to cushion seasons with poor 

spearmint oil returns. Conversely, large 

diversified producers have the potential 

to endure one or more seasons of poor 

spearmint oil markets because income 

from alternative crops could support the 

operation for a period of time. Being 

reasonably assured of a stable price and 

market provides small producing 

entities with the ability to maintain 

proper cash flow and to meet annual 

expenses. Thus, the market and price 

stability provided by the order 

potentially benefit the small producer 

more than such provisions benefit large 

producers. Even though a majority of 

handlers and producers of spearmint oil 

may not be classified as small entities, 

the volume control feature of this order 

has small entity orientation. 

This rule amends an interim final rule 

that was published in the Federal 

Register on September 23, 2005, and is 

based on a unanimous Committee 

recommendation made at a meeting on 

October 5, 2005, to increase the Native 

spearmint oil salable quantity by an 

additional 151,855 pounds from 

1,019,600 pounds to 1,171,455 pounds, 

and the allotment percentage by an 

additional 7 percent from 47 percent to 

54 percent. The Committee did not 

make a recommendation to further 

increase the Scotch spearmint oil 

salable quantity or allotment percentage 

at this time due to stable market 

conditions. 

An econometric model was used to 

assess the impact that volume control 

has on the prices producers receive for 

their commodity. Without volume 

control, spearmint oil markets would 

likely be over-supplied, resulting in low 

producer prices and a large volume of 

oil stored and carried over to the next 

crop year. The model estimates how 

much lower producer prices would 

likely be in the absence of volume 

controls. 

The recommended allotment 

percentages, upon which 2005–2006 

producer allotments are based, are 55 

percent for Scotch (a 20 percentage 

point increase from the original 

allotment percentage of 35 percent) and 

54 percent for Native (a 14 percentage 

point increase from the original salable 

percentage of 40 percent). Without 

volume controls, producers would not 

be limited to these allotment levels, and 

could produce and sell additional 

spearmint oil. The econometric model 

estimated a $1.32 decline in the season 

average producer price per pound (from 

both classes of spearmint oil) resulting 

from the higher quantities that would be 

produced and marketed if volume 

controls were not used (i.e., if the 

salable percentages were set at 100 

percent). 

Loosening the volume control 

restriction by increasing the allotment 

percentages resulted in this revised 

price decline estimate of $1.32 per 

pound if volume controls were not used. 

The initial price decline estimate of 

72358 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

$1.60 per pound was based on the 

2005–2006 allotment percentages (35 

percent for Scotch and 40 percent for 

Native) published in the Federal 

Register on March 24, 2005 (70 FR 

14969). The 2004 Far West producer 

price for both classes of spearmint oil 

was $9.48 per pound. 

The surplus situation for the 

spearmint oil market that would exist 

without volume controls in 2005–2006 

also would likely dampen prospects for 

improved producer prices in future 

years because of the buildup in stocks. 

The use of volume controls allows the 

industry to fully supply spearmint oil 

markets while avoiding the negative 

consequences of over-supplying these 

markets. The use of volume controls is 

believed to have little or no effect on 

consumer prices of products containing 

spearmint oil and will not result in 

fewer retail sales of such products. 

Based on projections available at the 

October 5, 2005, meeting, the 

Committee considered alternatives to 

the recommended Native spearmint oil 

increase. The Committee not only 

considered leaving the salable quantity 

and allotment percentage unchanged, 

but also looked at various increases 

ranging from 0 percent to 10 percent. 

The Committee reached its 

recommendations to increase the salable 

quantity and allotment percentage for 

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 meet market needs. 

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 meetings 

were widely publicized throughout the 

spearmint oil industry and all interested 

persons were invited to attend and 

participate in Committee deliberations. 

Like all Committee meetings, the August 

24, 2005, and October 5, 2005, meetings 

were public meetings and all entities, 

both large and small, were able to 

express their views on modification of 

the 2005–2006 salable quantities and 

allotment percentages. 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/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on a 

further change to the salable quantity 

and allotment percentage for Native 

spearmint oil for the 2005–2006 

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 final 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, 2006; (2) 

the current quantity of Native spearmint 

oil may be inadequate to meet demand 

for the remainder of the marketing year, 

thus making the additional oil available 

as soon as is practicable is 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 § 985.224, paragraph (b) is 

revised to read as follows: 

[Note: This section will not appear in the 

annual Code of Federal Regulations.] 

§ 985.224 Salable quantities and allotment 

percentages—2005–2006 marketing year. 

* * * * * 

(b) Class 3 (Native) oil—a salable 

quantity of 1,171,455 pounds and an 

allotment percentage of 54 percent. 

Dated: November 11, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–23620 Filed 12–2–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23144; Directorate 

Identifier 2005–NM–218–AD; Amendment 

39–14393; AD 2005–24–13] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 45 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Learjet Model 45 airplanes. This AD 

requires modifying the electrical wire 

bundle for the alternator on the lefthand engine, inspecting for clearance 

between wire harnesses and engine 

tubing for each engine, and corrective 

actions if necessary. For certain 

airplanes, this AD also requires 

replacing the fuses for the hydraulic 

shutoff valves with fuses having higher 

amperage. This AD results from a report 

of a fire in the left-hand engine nacelle. 

We are issuing this AD to prevent 

chafing between the wire bundle for the 

alternator on each engine and the 

hydraulic lines, which could result in a 

fire in the engine nacelle. 

DATES: This AD becomes effective 

December 20, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 20, 2005. 

We must receive comments on this 

AD by February 3, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD.