18950 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations

Federal Maritime Commission

Director of Personnel or Deputy

Director of Personnel, Federal Maritime

Commission, 800 North Capitol Street,

NW., Washington, DC 20573, (202) 523–

5773.

10. On page 5062, in the first column,

remove the designated agent listing for

the International Trade Commission.

11. On page 5062, in the third

column, under the heading ‘‘Office of

Personnel Management,’’ the designated

agent listing for payments of retirement

benefits is corrected as follows:

Associate Director for Retirement and

Insurance, Office of Personnel

Management, Court Order Benefit

Branch, P.O. Box 17, Washington, DC

20044, (202) 606–0218.

12. On page 5062, in the third

column, under the heading ‘‘Overseas

Private Investment Corporation,’’ the

designated agent listing is corrected as

follows:

Overseas Private Investment

Corporation

Director, Human Resources

Management, Overseas Private

Investment Corporation, 1100 New York

Avenue, NW., Room 11201,

Washington, DC 20527, (202) 336–8524.

13. On page 5063, in the second

column, under the heading ‘‘Small

Business Administration,’’ the

designated agent listing for the Boston

District Office is corrected as follows:

District Director, Boston District Office,

150 Causeway Street, Boston, MA

02114, (617) 223–2100.

14. On page 5063, in the second

column, under the heading ‘‘Small

Business Administration,’’ the

designated agent listing for the Jackson

District Office is corrected as follows:

District Director, Jackson District Office,

101 West Capitol Street, Suite 400,

Jackson, MS 39201, (601) 965–5371.

U.S. Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

[FR Doc. 95–9230 Filed 4–13–95; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[FV95–985–3IFR]

Spearmint Oil Produced in the Far

West; Revision of the Salable Quantity

and Allotment Percentage for Class 3

(Native) Spearmint Oil for the 1995–96

Marketing Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

increases the quantity of Class 3 (Native)

spearmint oil produced in the Far West

that handlers may purchase from, or

handle for, producers during the 1995–

96 marketing year. This rule was

recommended by the Spearmint Oil

Administrative Committee (Committee),

the agency responsible for local

administration of the marketing order

for spearmint oil produced in the Far

West. The Committee recommended

this rule to avoid extreme fluctuations

in supplies and prices and thus help to

maintain stability in the Far West

spearmint oil market.

DATES: Effective on April 14, 1995;

comments received by May 15, 1995

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 in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525, South Building, P.O.

Box 96456, Washington, DC 20090–

6456; Fax: (202) 720–5698. 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.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW. Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724; or Caroline C. Thorpe,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, room 2525, South

Building, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

8139.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order No.

985 (7 CFR Part 985), regulating the

handling of spearmint oil produced in

the Far West (Washington, Idaho,

Oregon, and designated parts of

California, Nevada, Montana, and Utah),

hereinafter referred to as the ‘‘order.’’

This 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, 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 Class

3 spearmint oil produced in the Far

West that may be purchased from or

handled for producers by handlers

during the 1995–96 marketing year,

which ends on May 31, 1996. 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 the Secretary 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 the Secretary 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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

is filed not later than 20 days after date

of the entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

action on small entities.

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 rules issued thereunder, are

unique in that they are brought about

through group action of essentially
Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations 18951

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 260 producers of

spearmint oil in the regulated

production area. Of the 260 producers,

approximately 160 producers hold Class

1 (Scotch) spearmint oil allotment base,

and approximately 145 producers hold

Class 3 (Native) spearmint oil allotment

base. Small agricultural service firms

have been defined by the Small

Business Administration (13 CFR

121.601) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those whose annual receipts are less

than $500,000. A minority of handlers

and producers of Far West spearmint oil

may 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 are not

exclusively dependent on the

production of spearmint oil. The U.S.

production of spearmint oil is

concentrated in the Far West, primarily

Washington, Idaho, and Oregon (part of

the area covered by the order).

Spearmint oil is also produced in the

Midwest. The production area covered

by the order normally accounts for

approximately 75 percent of the annual

U.S. production of spearmint oil.

This rule increases the quantity of

Native spearmint oil that handlers may

purchase from, or handle for, producers

during the 1995–96 marketing year,

which ends on May 31, 1996. This rule

increases the salable quantity from

906,449 pounds to 1,004,976 pounds

and the allotment percentage from 46

percent to 51 percent for Native

spearmint oil for the 1995–96 marketing

year.

The salable quantity is the total

quantity of each class of oil that

handlers may purchase from, or handle

for, producers during a marketing year.

The salable quantity calculated by the

Committee is based on the estimated

trade demand. 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 allotment base for the

applicable class of spearmint oil.

The initial salable quantity and

allotment percentages for Scotch and

Native spearmint oils for the 1995–96

marketing year were recommended by

the Committee at its October 5, 1994,

meeting. The Committee recommended

salable quantities of 908,531 pounds

and 906,449 pounds, and allotment

percentages of 51 percent and 46

percent, respectively, for Scotch and

Native spearmint oils. A proposed rule

was published in the December 15,

1994, issue of the Federal Register (59

FR 64625). Comments on the proposed

rule were solicited from interested

persons until January 17, 1995. No

comments were received. Accordingly,

based upon analysis of available

information, a final rule establishing the

Committee’s recommendation as the

salable quantities and allotment

percentages for Scotch and Native

spearmint oils for the 1995–96

marketing year was published in the

February 15, 1995, issue of the Federal

Register (60 FR 8524).

Pursuant to authority contained in

§§ 985.50, 985.51, and 985.52 of the

order, at its February 22, 1995, meeting,

the Committee recommended, with one

member voting in opposition, that the

salable quantity for Native spearmint oil

for the 1995–96 marketing year be

increased from 906,449 pounds to

1,004,976 pounds. The member voting

in opposition did not favor an increase

in the salable quantity and allotment

percentage because he believed it was

too early to determine what the market

conditions will be during the 1995–96

marketing year. Based on the total

allotment base of 1,970,542 pounds, the

allotment percentage for Native

spearmint oil is increased from 46

percent to 51 percent, resulting in a

98,527 pound increase in the salable

quantity.

Native Spearmint Oil Recommendations

(1) Salable Quantity

October 5, 1994 ...................906,449 pounds

February 22, 1995 ............1,004,976 pounds

(2) Allotment Base

October 5, 1994 ................1,970,542 pounds

February 22, 1995 ............1,970,542 pounds

(3) Allotment Percentage

October 5, 1994 ............................46 percent

February 22, 1995 ........................51 percent

In making this latest recommendation,

the Committee considered all available

information on supply and demand. The

1995–96 marketing year begins on June

1, 1995. Handlers have indicated that

the available supply of Scotch

spearmint oil appears adequate to meet

anticipated demand through May 31,

1996. Handlers have indicated,

however, that demand for Native

spearmint oil is currently fairly strong

and anticipate that this trend will likely

continue into the next marketing year.

Based upon this strengthening demand,

as well as historical data that indicates

the annual average of sales for the last

eight years is 1,006,512 pounds, the

Committee believes that an increase in

the salable quantity to 1,004,976 pounds

is necessary to meet anticipated

demand. This level of demand was not

anticipated by the Committee when it

made its initial recommendation for the

establishment of the Native spearmint

oil salable quantity and allotment

percentage for the 1995–96 marketing

year.

The recommended salable quantity of

1,004,976 pounds of Native spearmint

oil (an increase of 98,527 pounds),

combined with a revised estimated

carry-in of 100,000 pounds on June 1,

1995, results in a revised 1995–96

estimated available supply of 1,104,976

pounds. Thus, the revised estimate for

the 1995–96 marketing year Native

spearmint oil available supply is

approximately 100,000 pounds higher

than the annual average of sales for the

past eight years. With this revision, the

Committee anticipates that demand for

Native spearmint oil during the 1995–96

marketing year will be adequately met.

The Department, based on its analysis

of available information, has determined

that an allotment percentage of 51

percent should be established for Native

spearmint oil for the 1995–96 marketing

year. This percentage will provide an

increased salable quantity of 1,004,976

pounds of Native spearmint oil.

Based on available information, the

Administrator of the AMS has

determined that the issuance of this

interim final rule will not have a

significant economic impact on a

substantial number of small entities.

After consideration of all relevant

matter presented, including that

contained in the prior proposed and

final rules in connection with the

establishment of the salable quantities

and allotment percentages for Scotch

and Native spearmint oils for the 1995–

96 marketing year, the Committee’s

recommendation and other available

information, it is found that to revise

§ 985.214 (60 FR 8524) to change the

salable quantity and allotment

percentage for Native spearmint oil, 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 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 interim final rule

increases the quantity of Native

spearmint oil that may be marketed

during the marketing year beginning on

June 1, 1995; (2) The quantity of Native
18952 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations

spearmint planted for the 1995–96

marketing year may be affected, thus

handlers and producers should be

apprised as soon as possible of the

salable quantity and allotment

percentage of Native spearmint oil

contained in this interim final rule; and

(3) This rule provides a 30-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—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. § 985.214 is amended by revising

the introductory text and paragraph (b)

to read as follows:

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 985.214 Salable quantities and allotment

percentages—1995–96 marketing year.

The salable quantity and allotment

percentage for each class of spearmint

oil during the marketing year beginning

on June 1, 1995, shall be as follows:

* * * * *

(b) Class 3 (Native) oil—a salable

quantity of 1,004,976 pounds and an

allotment percentage of 51 percent.

Dated: April 7, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–9294 Filed 4–13–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Parts 1001, 1002, 1004, 1005,

1006, 1007, 1011, 1012, 1013, 1030,

1032, 1033, 1036, 1040, 1044, 1046,

1049, 1050, 1064, 1065, 1068, 1075,

1076, 1079, 1093, 1094, 1096, 1106,

1108, 1124, 1126, 1131, 1134, 1135,

1137, 1138, 1139

[Docket No. AO–14–A66, etc.; DA–92–11]

Milk in the New England and Other

Marketing Areas; Order Amending the

Orders

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

7 CFR

part Marketing area AO Nos.

1001 New England .......... AO–14–A66

1002 New York-New Jersey ...................... AO–71–A81

1004 Middle Atlantic ........ AO–160–A69

1005 Carolina .................. AO–388–A6

1006 Upper Florida ......... AO–356–A30

1007 Georgia ................... AO–366–A35

1011 Tennessee Valley ... AO–251–A37

1012 Tampa Bay ............. AO–347–A33

1013 Southeastern Florida ....................... AO–286–A40

1030 Chicago Regional ... AO–361–A30

1032 Southern IllinoisEastern Missouri . AO–313–A40

1033 Ohio Valley ............. AO–166–A63

1036 Eastern Ohio-Western Pennsylvania AO–179–A58

1040 Southern Michigan . AO–225–A44

1044 Michigan Upper Peninsula ................ AO–299–A28

1046 Louisville-LexingtonEvansville ............ AO–123–A64

1049 Indiana .................... AO–319–A41

1050 Central Illinois ......... AO–355–A28

1064 Greater Kansas City AO–23–A61

1065 Nebraska-Western

Iowa .................... AO–86–A49

1068 Upper Midwest ....... AO–178–A47

1075 Black Hills, South

Dakota ................ AO–248–A22

7 CFR

part Marketing area AO Nos.

1076 Eastern South Dakota ..................... AO–260–A31

1079 Iowa ........................ AO–295–A43

1093 Alabama-West Florida ....................... AO–386–A13

1094 New Orleans-Mississippi ................ AO–103–A55

1096 Greater Louisiana ... AO–257–A42

1097 1 Memphis, Tennessee ................ AO–219–A48

1098 1 Nashville, Tennessee ................ AO–184–A57

1099 2 Paducah, Kentucky AO–183–A47

1106 Southwest Plains .... AO–210–A54

1108 Central Arkansas .... AO–243–A45

1124 Pacific Northwest ... AO–368–A22

1126 Texas ...................... AO–231–A62

1131 Central Arizona ...... AO–271–A31

1134 Western Colorado .. AO–301–A23

1135 Southwestern

Idaho-Eastern Oregon .................... AO–380–A12

1137 Eastern Colorado ... AO–326–A27

1138 New Mexico-West

Texas .................. AO–335–A38

1139 Great Basin ............ AO–309–A32

1The Memphis, Tennessee, and Nashville,

Tennessee, orders were terminated, effective

July 31, 1993. 2The Paducah, Kentucky, order is not included in this final rule because a proposed

termination of the order is being considered.

SUMMARY: This final rule implements

the base month Minnesota-Wisconsin

(M–W) price updated with a butter/

powder/cheese formula as the

replacement for the MinnesotaWisconsin price series, which

establishes minimum prices for milk

under all Federal milk orders. Each of

the amended orders was approved by

producers who were eligible to have

their milk pooled during the

representative month for voting

purposes. Referenda were conducted in