Unknown. Interim rule with request for comments

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-10-06.xml --- 76 194 Thursday, October 6, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 62068 2011-25692 Agricultural Marketing Agricultural Marketing Service RULES Handling of Spearmint Oil Produced in the Far West: Salable Quantity and Allotment Percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for the 2011-2012 Marketing Year, 61933-61937 2011-25812 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Privacy Act;

Systems of Records, 62035-62038 2011-25814 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62068-62071 2011-25753 2011-25755 Meetings: Advisory Committee on Childhood Lead Poisoning Prevention, 62071 2011-25843 Advisory Committee to the Director, 62071-62072 2011-25853 Health Disparities Subcommittee, 62071 2011-25842 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 62072 2011-25849 Coast Guard Coast Guard RULES Safety Zones: Fireworks Displays in Captain of the Port Long Island Sound Zone, 61947-61950 2011-25816 Security Zones: 2011 Asia-Pacific Economic Cooperation Conference, Oahu, HI, 61950-61954 2011-25855 NOTICES Meetings: Great Lakes Pilotage Advisory Committee; Correction, 62085 2011-25817 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings, 62044 2011-25408 Consumer Product Consumer Product Safety Commission NOTICES Alternative Testing Requirements for Small Batch Manufacturers, 62044-62046 2011-25876 Defense Department Defense Department NOTICES Meetings:

Defense Science Board, 62046 2011-25744 Membership of the Performance Review Board, 62046-62047 2011-25854 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62047-62048 2011-25901 2011-25902 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnaces and Boilers (Standby Mode and Off Mode);

Correction, 61999 2011-25819 NOTICES Applications for Blanket Authorizations to Export Previously Imported Liquefied Natural Gas on a Short-Term Basis: ConocoPhillips Co., 62048-62050 2011-25887 DOE-NSF Nuclear Science Advisory Committee; Renewal, 62050 2011-25888 Loan Guarantees: Abengoa Bioenergy Biomass of Kansas, LLC, Abengoa Biorefinery Project, Hugoton, Kansas, 62050-62052 2011-25857 First Solar, Inc., for the Desert Sunlight Solar Farm Project, 62052-62054 2011-25891 Meetings:

Environmental Management Site-Specific Advisory Board Chairs, 62054-62055 2011-25889 Environmental Protection Environmental Protection Agency PROPOSED RULES Revisions to the California State Implementation Plan, 62002-62004 2011-25879 Revisions to the California State Implementation Plan: California Air Resources Board, Consumer Products, 62004-62006 2011-25886 NOTICES Clean Water Act; Availability of List Decisions, 62061-62062 2011-25766 Meetings: Good Neighbor Environmental Board;

Teleconference, 62062 2011-25881 Proposed Approvals: Central Characterization Project Remote-Handled Transuranic Waste Characterization Program, Sandia National Laboratory, 62062-62066 2011-25860 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 62066 2011-26029 Federal Aviation Federal Aviation Administration PROPOSED RULES Policy Statement: Inappropriate Design Approval Holder

(DAH)Restrictions on the Use and Availability of Instructions for Continued Airworthiness (ICA), 61999 2011-25883 Federal Communications Federal Communications Commission RULES Electronic Tariff Filing System, 61956 2011-25801 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 61954-61956 2011-25871 PROPOSED RULES Flood Elevation Determinations, 62006-62016 2011-25863 NOTICES Major Disasters and Related Determinations: New Hampshire, 62086 2011-25864 Pennsylvania, 62085-62086 2011-25867 Major Disaster Declarations: North Carolina; Amendment No. 1, 62086 2011-26039 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints: Mississippi Delta Energy Agency, et al. v. Entergy Services, Inc., 62055 2011-25833 Environmental Assessments; Availability, etc.: Wabash Gas Storage, LLC, 62055-62058 2011-25839 Filings: Southcross Alabama Pipeline LLC, 62058 2011-25832 License Amendment Applications: AmerenUE, 62058-62059 2011-25834 Lower Valley Energy, 62059-62060 2011-25835 Preliminary Permit Applications: NortHydro, LLC, 62060-62061 2011-25836 2011-25837 2011-25838 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Vision, 62143-62144 2011-25847 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements; Availability, etc.: Implementation of Passenger Rail Service between Tucson and Phoenix, AZ, 62144-62148 2011-25885 Federal Trade Federal Trade Commission NOTICES Proposed Consent Orders: Phusion Projects, LLC, et al., 62066-62067 2011-25884 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Implementation of Passenger Rail Service between Tucson and Phoenix, AZ, 62144-62148 2011-25885 Proposed Circulars: Environmental Justice; Title IV; Corrections, 62148 2011-25878 Financial Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration of Money Services Business (MSB), FinCEN Report 107, to Incorporate Changes to MSB Definitions and Add Provisions for Prepaid Access, 62149-62164 2011-25607 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service RULES Convention on International Trade in Endangered Species of Wild Fauna and Flora: Inclusion of the Hellbender, Including the Eastern Hellbender and the Ozark Hellbender, 61978-61985 2011-25689 Endangered and Threatened Wildlife and Plants: Endangered Status for the Ozark Hellbender Salamander, 61956-61978 2011-25690 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List Texas Fatmucket, Golden Orb, Smooth Pimpleback, Texas Pimpleback, and Texas Fawnsfoot, 62166-62212 2011-25471 12-Month Finding on Petition to List the Mohave Ground Squirrel, 62214-62258 2011-25473 Partial 90-Day Finding on a Petition to List 404 Species in the Southeastern United States With Critical Habitat, 62260-62280 2011-25672 Red-Crowned Parrot, 62016-62034 2011-25808 NOTICES Environmental Assessments; Availability, etc.: Draft Conservation Plan, Dunes Sagebrush Lizard, Texas, 62087-62088 2011-25759 Food and Drug Food and Drug Administration NOTICES Center for Devices and Radiological Health: Standard Operating Procedures for Network of Experts; Request for Comments, 62072-62073 2011-25597 Guidance for Industry; Availability: Implementation of the Fee Provisions of the FDA Food Safety Modernization Act, 62073-62074 2011-25831 Forest Forest Service NOTICES Boundary Establishments: North Fork Crooked National Wild and Scenic River, Crook County, OR, 62038 2011-25763 Meetings: Lake Tahoe Basin Federal Advisory Committee, 62038-62039 2011-25852 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Delegation of Authorities, 62068 2011-25851 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Inspector General Health Inspector General Office, Health and Human Services Department NOTICES Proposed Revision of Performance Standards for State Medicaid Fraud Control Units, 62074-62077 2011-25894 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Implementation of Form 990; Correction, 61946-61947 2011-25773 2011-25776 Timely Mailing Treated as Timely Filing; Correction, 61947 2011-25616 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Final Results: Certain Hot-Rolled Carbon Steel Flat Products from India, 62039-62040 2011-25937 Antidumping Duty Orders; Final Results of Expedited Third Sunset Review: Pure Magnesium from the People's Republic of China, 62040-62042 2011-25890 International Trade Com International Trade Commission RULES Practice and Procedure: General Application, Safeguards, Antidumping and Countervailing Duty, and Adjudication and Enforcement, 61937-61946 2011-25646 NOTICES Antidumping Duty Orders; Expedited Five-Year Reviews: Pure Magnesium From China, 62091-62092 2011-25805 Complaints, 62092 2011-25806 Filing Procedures Handbook; Availability, 62092-62093 2011-25645 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Stays of Filings of Plat: Colorado, 62088 2011-25771 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Arts, 62094 2011-25869 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62148-62149 2011-25775 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Environmental Science Formative Research Methodology Studies for the National Childrens Study, 62077-62079 2011-25868 Meetings: Center For Scientific Review, 62082 2011-25875 Center for Scientific Review, 62079-62082 2011-25877 2011-25896 Institute of Environmental Health Sciences, 62080 2011-25874 National Cancer Institute, 62079, 62082 2011-25873 2011-25897 National Institute of Diabetes and Digestive and Kidney Diseases, 62082-62083 2011-25872 National Institute of General Medical Sciences, 62080-62081, 62083 2011-25866 2011-25870 Office of the Director, 62081 2011-25865 Statement of Organization, Functions, and Delegations of Authority, 62083-62085 2011-25862 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States; Northeast Multispecies Fishery: Georges Bank Yellowtail Flounder Catch Limit Revisions, 61995-61996 2011-25936 Fishery Management Plan for Scallop Fishery Off Alaska; Amendment 13, 61996-61998 2011-25908 Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery, 61985-61995 2011-25750 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 62042-62044 2011-25840 South Atlantic Fishery Management Council, 62042 2011-25841 2011-25846 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: New River Gorge National River, WV, 62089 2011-25791 Meetings: Alaska Region Subsistence Resource Commission Program, 62090-62091 2011-25783 Committee for the Preservation of the White House; Correction, 62089-62090 2011-25796 Denali National Park and Preserve Aircraft Overflights Advisory Council within the Alaska Region, 62090 2011-25785 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Modifications, 62094 2011-25799 2011-25798 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Amendments to Facility Operating Licenses: Exelon Generation Company, LLC; Withdrawal, 62095 2011-25786 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Preventing Occupational Hearing Loss, 62093-62094 2011-25904 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62095 2011-25765 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62096 2011-25905 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 62096-62098 2011-25804 2011-25824 Postal Service Postal Service PROPOSED RULES Express Mail Domestic Postage Refund Policy and Waiver of Signature, 62000-62002 2011-25803 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62098-62099 2011-25777 Meetings; Sunshine Act; Cancellation, 62099 2011-25979 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62099-62100 2011-25787 2011-25788 2011-25789 Approval of Filing Fees for Exempt Reporting Advisers and Private Fund Advisers, 62100-62101 2011-25821 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 62107-62110 2011-25790 BATS Y-Exchange, Inc., 62103-62107 2011-25792 C2 Options Exchange, Inc., 62123-62125 2011-25823 Chicago Board Options Exchange, Inc., 62102-62103, 62121-62122 2011-25793 2011-25826 Chicago Stock Exchange, Inc., 62126-62128 2011-25795 Financial Industry Regulatory Authority, Inc., 62128-62130 2011-25861 NASDAQ OMX BX, 62111-62112 2011-25794 New York Stock Exchange LLC, 62122-62123 2011-25825 NYSE Amex LLC, 62116-62117, 62125-62126 2011-25822 2011-25829 NYSE Arca, Inc, 62112-62116, 62118-62120 2011-25828 2011-25830 2011-25827 Small Business Small Business Administration NOTICES Disaster Declarations: California, 62132 2011-25919 Delaware, 62132-62133 2011-25917 District of Columbia, 62131 2011-25921 New York, Amendment 1, 62131-62132 2011-25924 Texas, Amendment 1, 62131 2011-25931 Texas, Amendment 5, 62130-62131 2011-25914 Virginia, Amendment 2, 62132 2011-25920 Major Disaster Declarations: Puerto Rico, Amendment 4, 62133 2011-25909 Puerto Rico, Amendment 3, 62133 2011-25933 Meetings: National Women's Business Council, 62133-62134 2011-25903 State Department State Department NOTICES Registration for the Diversity Immigrant Visa Program, 62134-62141 2011-25900 Surface Transportation Surface Transportation Board NOTICES Petitions for Declaratory Orders: American Chemistry Council, et al. v. Alabama Gulf Coast Railway; CF Industries, Inc. v. Indiana and Ohio Railway et al., 62149 2011-25848 Susquehanna Susquehanna River Basin Commission NOTICES Actions Taken at September 15, 2011 Meeting, 62142-62143 2011-25772 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release, 62086-62087 2011-25934 Veteran Affairs Veterans Affairs Department NOTICES Meetings: VASRD Improvement Forum; Updating Disability Criteria for the Respiratory System, Cardiovascular System, etc., 62164 2011-25780 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 62166-62212 2011-25471 Part III Interior Department, Fish and Wildlife Service, 62214-62258 2011-25473 Part IV Interior Department, Fish and Wildlife Service, 62260-62280 2011-25672 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 194 Thursday, October 6, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 985 [Doc. Nos. AMS-FV-10-0094; FV11-985-1A IR] 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: Interim rule with request for comments. SUMMARY: This rule revises 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. This rule increases 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, this rule increases 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. 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, 2011, through May 31, 2012; comments received by December 5, 2011 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. 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; or *Internet: http://www.regulations.gov.* All comments should reference the document number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist or Gary Olson, Regional Manager, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*

(503)326-2724, *Fax:*

(503)326-7440, or *E-mail: Barry.Broadbent@ams.usda.gov* or *GaryD.Olson@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Laurel May, 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: 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. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the provisions of the marketing order now in effect, salable quantities and allotment percentages may be established for classes of spearmint oil produced in the Far West. This rule increases the quantity of Scotch and Native spearmint oil produced in the Far West that handlers may purchase from, or handle on behalf of, producers during the 2011-2012 marketing year, which began on June 1, 2011, and ends on May 31, 2012. 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 original salable quantity and allotment percentages for Scotch and Native spearmint oil for the 2011-2012 marketing year were recommended by the Committee at its October 13, 2010, meeting. The Committee recommended salable quantities of 694,774 pounds and 1,012,983 pounds, and allotment percentages of 34 percent and 44 percent, respectively, for Scotch and Native spearmint oil. A proposed rule was published in the **Federal Register** on March 4, 2011 (76 FR 11971). Comments on the proposed rule were solicited from interested persons until April 4, 2011. No comments were received. Subsequently, a final rule establishing the salable quantities and allotment percentages for Scotch and Native spearmint oil for the 2011-2012 marketing year was published in the **Federal Register** on May 13, 2011 (76 FR 27852). This rule revises 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. Pursuant to authority contained in §§ 985.50, 985.51, and 985.52 of the order, the full eight member Committee met on August 17, 2011, to consider pertinent market information on the current supply, demand, and price of spearmint oil. The Committee, in two separate motions, recommended that the 2011-2012 marketing year Scotch and Native spearmint oil allotment percentages be increased by 2 percent and 11 percent, respectively. The motion to increase the allotment percentage for Scotch was unanimous and the motion to increase the allotment percentage for Native passed with seven members in favor and one member opposed. The member opposed to the motion agreed that an increase was necessary for the industry to respond to increasing demand, but based his vote on the opinion that an 11 percent increase was too high this early in the marketing year. Thus, taking into consideration the following discussion, this rule increases the 2011-2012 marketing year salable quantities and allotment percentages for Scotch and Native spearmint oil to 733,913 pounds and 36 percent, and 1,266,161 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 total industry allotment base for Scotch spearmint oil for the 2011-2012 marketing year was estimated by the Committee at the October 13, 2010, meeting at 2,043,453 pounds. This was later revised at the beginning of the 2011-2012 marketing year to 2,038,595 pounds to reflect the loss of 4,858 pounds of base due to non-production of some producers' total annual allotments during the 2010-2011 marketing year. Section 985.53(e) of the order requires that producers make a bona fide effort to produce all of their respective allotment base each year. Failure to do so results in a reduction in the producer's allotment base equivalent to such unproduced portion. The 4,858 pound reduction in allotment base for Scotch spearmint oil reflects the total base surrendered by all producers due to the non-production of those producers' total annual allotments during the 2010-2011 marketing year. When the revised total Scotch allotment base of 2,038,595 pounds is applied to the originally established allotment percentage of 34 percent, the initially established 2011-2012 marketing year salable quantity of 694,774 pounds is effectively modified to 693,122 pounds. After accounting for a rounding adjustment of 19 pounds, the actual 2011-2012 marketing year annual allotment for Scotch spearmint oil prior to this increase is 693,141 pounds. The same situation applies to Native spearmint oil where the Committee estimated at the October 13, 2010, meeting that the total industry allotment base for Native spearmint oil for the 2011-2012 marketing year was 2,302,233 pounds. This number was later revised at the beginning of the 2011-2012 marketing year to 2,301,926 pounds to reflect the bona fide effort reduction of 307 pounds. Just as with Scotch spearmint oil, the 307 pound reduction in Native allotment base reflects the total base surrendered by all producers due to the non-production of such producers' total annual allotments during the 2010-2011 marketing year. When the revised total Native allotment base of 2,301,926 pounds is applied to the originally established allotment percentage of 44 percent, the initially established 2011-2012 marketing year Native salable quantity of 1,012,983 pounds is effectively modified to 1,012,847 pounds. After accounting for 102 pounds of rounding adjustments when calculating each producer's annual allotment, the actual 2011-2012 total annual allotment of Native spearmint oil prior to this increase is 1,012,949 pounds. By increasing the salable quantity and allotment percentage, this rule makes additional amounts of Scotch and Native spearmint oil available to the market. Such additional oil may come from spearmint oil produced in the current marketing year or by releasing oil from the reserve pool. As of May 31, 2011, the Committee estimated the Scotch reserve pool to contain 454,715 pounds of spearmint oil and the Native reserve pool to contain 606,942 pounds of spearmint oil. When the allotment percentage increases established by this rule are applied to each individual producer, each such producer may deliver up to an amount equal to such allotment from their 2011-2012 marketing year's production, from spearmint oil transferred from another producer's 2011-2012 marketing year production, or from the respective class of oil held in reserve. However, pursuant to §§ 985.56 and 985.156, producers with excess oil are only able to transfer such excess oil to other producers to fill deficiencies in annual allotments prior to October 31 of each marketing year. The Committee expects that all individuals entitled to a pro rata increase in the salable quantity allotment for each class of spearmint oil will be able to exercise the full marketing rights associated with such an increase. Therefore, the 2 percent increase in the Scotch spearmint oil allotment percentage established by this rule is expected to result in a 2011-2012 marketing year salable quantity of 733,913 pounds. Likewise, the 11 percent increase in the Native spearmint oil allotment percentage established by this rule is expected to result in a 2011-2012 marketing year salable quantity of 1,266,161 pounds. This reflects an additional 40,772 pounds of Scotch spearmint oil and 253,212 pounds of Native spearmint oil being made available to the market by this rule. The following summarizes the Committee recommendations: Scotch Spearmint Oil Recommendation

(A)Estimated 2011-2012 Scotch Allotment Base—2,043,453 pounds. This is the estimate on which the original 2011-2012 salable quantity and allotment percentage was based.

(B)Revised 2011-2012 Scotch Allotment Base—2,038,595 pounds. This is 4,858 pounds less than the estimated allotment base of 2,043,453 pounds. The difference is the result of some producers failing to produce all of their 2010-2011 allotment.

(C)Original 2011-2012 Scotch Allotment Percentage—34 percent. This was unanimously recommended by the Committee on October 13, 2010.

(D)Original 2011-2012 Scotch Salable Quantity—694,774 pounds. This figure is 34 percent of the estimated 2011-2012 allotment base of 2,043,453 pounds.

(E)Adjusted 2011-2012 Scotch Salable Quantity—693,141 pounds. This figure reflects the salable quantity actually available at the beginning of the 2011-2012 marketing year. This quantity is derived by applying the 34 percent allotment percentage to the revised allotment base of 2,038,595. This adjusted salable quantity also accounts for a 19 pound increase due to rounding.

(F)Current Revision to the 2011-2012 Scotch Salable Quantity and Allotment Percentage:

(1)Increase in Scotch Allotment Percentage—2 percent. The Committee recommended a 2 percent increase at its August 17, 2011, meeting.

(2)2011-2012 Scotch Allotment Percentage—36 percent. This figure is derived by adding the increase of 2 percent to the original 2011-2012 allotment percentage of 34 percent.

(3)Calculated Revised 2011-2012 Scotch Salable Quantity—733,913 pounds. This figure is 36 percent of the revised 2011-2012 allotment base of 2,038,595 pounds plus the 19 pound rounding adjustment.

(4)Computed Increase in the 2011-2012 Scotch Salable Quantity—40,772 pounds. This figure is 2 percent of the revised 2011-2012 allotment base of 2,038,595 pounds. The 2011-2012 marketing year began on June 1, 2011, with an estimated carry-in of 227,241 pounds of salable Scotch spearmint oil. When the estimated carry-in is added to the revised 2011-2012 salable quantity of 693,141 pounds, the result is a total estimated available supply of Scotch spearmint oil for the 2011-2012 marketing year of 920,382 pounds. Of this amount, 733,877 pounds of Scotch spearmint oil have already been sold or committed, which leaves just 186,505 pounds available for sale for the remainder of the 2011-2012 marketing year. In making this recommendation to increase the available supply of Scotch spearmint oil, 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 and producers who were not in attendance. By increasing the 2011-2012 Scotch spearmint oil salable percentage by 2 percent, an estimated additional 40,772 pounds will be made available to the market. This amount combined with the 186,505 pounds currently available, will make a total of 227,277 pounds available to the market and bring the total available supply of Scotch spearmint oil for the marketing year to 961,154 pounds. When the original 2011-2012 marketing policy statement was drafted, handlers estimated that the demand for Scotch spearmint oil for the 2011-2012 marketing year may be 800,000 pounds. However, when the Committee made its original recommendation for the establishment of the Scotch spearmint oil salable quantity and allotment percentage for the 2011-2012 marketing year, it had not anticipated the increase in demand for Scotch spearmint oil that the market is currently experiencing. The Committee believes that the supply of Scotch spearmint oil available to the market, without an increase in the salable quantity, would be insufficient to satisfy the current demand for oil at reasonable price levels. Therefore, it is the opinion of the industry that this action is essential to ensuring an adequate supply of Scotch spearmint oil to the market. Native Spearmint Oil Recommendation

(A)Estimated 2011-2012 Native Allotment Base—2,302,233 pounds. This is the estimate on which the original 2011-2012 Native spearmint oil salable quantity and allotment percentage was based.

(B)Revised 2011-2012 Native Allotment Base—2,301,926 pounds. This is 307 pounds less than the estimated allotment base of 2,302,233 pounds. The difference is the result of some producers failing to produce all of their 2010-2011 allotment.

(C)Original 2011-2012 Native Allotment Percentage—44 percent. This was unanimously recommended by the Committee at its October 13, 2010 meeting.

(D)Original 2011-2012 Native Salable Quantity—1,012,983 pounds. This figure is 44 percent of the estimated 2011-2012 allotment base of 2,302,233.

(E)Adjusted 2011-2012 Native Salable Quantity—1,012,949 pounds. This figure reflects the salable quantity actually available at the beginning of the 2011-2012 marketing year. This quantity is derived by applying the 44 percent allotment percentage to the revised allotment base of 2,301,926. The adjusted salable quantity also accounts for a 101 pound increase due to rounding.

(F)Current Revision to the 2011-2012 Native Salable Quantity and Allotment Percentage:

(1)Increase in Native Allotment Percentage—11 percent. The Committee recommended an 11 percent increase at its August 17, 2011, meeting.

(2)2011-2012 Native Allotment Percentage—55 percent. This figure is derived by adding the increase of 11 percent to the original 2011-2012 allotment percentage of 44 percent.

(3)Calculated Revised 2011-2012 Native Salable Quantity—1,266,161 pounds. This figure is 55 percent of the revised 2011-2012 allotment base of 2,301,926 pounds, plus the 101 pound increase due to rounding.

(4)Computed Increase in the 2011-2012 Native Salable Quantity—253,212 pounds. This figure is 11 percent of the revised 2011-2012 allotment base of 2,301,926 pounds. The 2011-2012 marketing year began on June 1, 2011, with an estimated carry-in of 164,809 pounds of salable Native spearmint oil. When the estimated carry-in is added to the revised 2011-2012 salable quantity of 1,012,949 pounds, the result is a total estimated available supply of Native spearmint oil for the 2011-2012 marketing year of 1,177,758 pounds. Of this amount, 1,076,114 pounds of oil have already been sold or committed for the 2011-2012 marketing year, which leaves just 101,644 pounds available for sale. 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 and producers who were not in attendance. By increasing the 2011-2012 Native spearmint oil salable percentage by 11 percent, an estimated additional 253,212 pounds will be made available to the market. This amount combined with the 101,644 pounds currently available, will make a total of 354,856 pounds available to the market and bring the total available supply of Native spearmint oil for the year to 1,430,970 pounds. When the original 2011-2012 marketing policy statement was drafted, handlers estimated that the demand for Native spearmint oil for the 2011-2012 marketing year may be 1,130,000 pounds. However, when the Committee made its original recommendation for the establishment of the Native spearmint oil salable quantity and allotment percentage for the 2011-2012 marketing year, it had not anticipated the increase in demand for Native spearmint oil that the market is currently experiencing. The Committee believes that the supply of Native spearmint oil available to the market, without an increase in the salable quantity, would be insufficient to satisfy the current demand for oil at reasonable price levels. Therefore, it is the opinion of the industry that this action is essential to ensuring an adequate supply of Native spearmint oil to the market. Based on its analysis of available information, USDA has determined that the salable quantity and allotment percentage for Scotch spearmint oil for the 2011-2012 marketing year should be increased to 733,913 pounds and 36 percent, respectively. In addition, USDA has determined that the salable quantity and allotment percentage for Native spearmint oil for the 2011-2012 marketing year should be increased to 1,266,161 pounds and 55 percent, respectively. This rule relaxes the regulation of Scotch and Native spearmint oil and will allow producers to meet market demand while improving producer returns. In conjunction with the issuance of this rule, the Committee's revised marketing policy statement for the 2011-2012 marketing year has been reviewed by USDA. The Committee's marketing policy statement, a requirement whenever the Committee recommends implementing volume regulations or recommends revisions to existing volume regulations, meets the intent of § 985.50 of the order. During its discussion of revising the 2011-2012 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 increases in the Scotch and Native spearmint oil salable quantity and allotment percentage allows for anticipated market needs for both classes of oil. In determining anticipated market needs, consideration by the Committee was given to historical sales, and changes and trends in production and demand. 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. 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)(13 CFR 121.201) 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. 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 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 over-supplying 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 marketing 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 increases 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. This rule increases the Native spearmint oil salable quantity from 693,141 pounds to 733,913 pounds and the allotment percentage from 34 percent to 36 percent. Additionally, this rule increases 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. Based on projections available at the meeting, the Committee considered a number of alternatives to this increase. The Committee not only considered leaving the salable quantity and allotment percentage unchanged, but also considered other potential levels of increase. The Committee reached its recommendation to increase the salable quantity and allotment percentage for 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 market demand. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0178, Vegetable and Specialty Crop Marketing Orders. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large spearmint oil handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the spearmint oil industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the August 17, 2011, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Laurel May at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on a change to the salable quantity and allotment percentage for both Scotch and Native spearmint oil for the 2011-2012 marketing year. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)This rule increases the quantity of Scotch and Native spearmint oil that may be marketed during the marketing year, which ends on May 31, 2012;

(2)the current quantity of Scotch and Native spearmint oil may be inadequate to meet demand for the 2011-2012 marketing year, thus making the additional oil available as soon as is practicable will be beneficial to both handlers and producers;

(3)the Committee recommended these changes at a public meeting and interested parties had an opportunity to provide input; and

(4)this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 985 Marketing agreements, Oils and fats, Reporting and recordkeeping requirements, Spearmint oil. For the reasons set forth in the preamble, 7 CFR part 985 is amended as follows: PART 985—MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL PRODUCED IN THE FAR WEST 1. The authority citation for 7 CFR part 985 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 985.230, paragraphs

(a)and

(b)are revised to read as follows: Note: This section will not appear in the annual Code of Federal Regulations. § 985.230 Salable quantities and allotment percentages—2011-2012 marketing year.

(a)Class 1 (Scotch) oil—a salable quantity of 733,913 pounds and an allotment percentage of 36 percent.

(b)Class 3 (Native) oil—a salable quantity of 1,266,161 pounds and an allotment percentage of 55 percent. Dated: September 30, 2011. Ellen King, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2011-25812 Filed 10-5-11; 8:45 am]

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