[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Proposed Rules]
[Pages 52869-52870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25121]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 /
Proposed Rules
[[Page 52869]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket No. AO-79-2; FV95-985-4]
Spearmint Oil Produced in the Far West; Hearing on Proposed
Amendment of Marketing Order No. 985
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of public hearing on proposed rulemaking.
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SUMMARY: Notice is hereby given of a public hearing to consider
amending Marketing Order No. 985 (order). The order regulates the
handling of spearmint oil grown in the Far West. The purpose of the
hearing is to receive evidence on a proposal to amend provisions of the
order. The Department of Agriculture (Department) is proposing this
action to determine if portions of both the States of California and
Montana should continue to be regulated under the order.
DATES: The hearing will begin at 9 a.m. in Spokane, Washington, on
November 14, 1995. An additional session will be held on November 15,
1995, beginning at 9 a.m., if necessary.
ADDRESSES: The hearing will be held at Crescent Court, 707 W. Main, 3rd
floor, Spokane, Washington 99201.
FOR FURTHER INFORMATION CONTACT: Caroline C. Thorpe, Marketing
Specialist, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, Room 2523-S., P.O. Box 96456, Washington, DC
20090-6456; telephone: (202) 720-5127 or FAX (202) 720-5698; or Robert
Curry, Marketing Specialist, Northwest Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, 1220 S.W. Third Avenue, room 369,
Portland, OR 97204-2807; telephone: (509) 326-2724 or FAX (509) 326-
7440.
SUPPLEMENTARY INFORMATION: This action is governed by the provisions of
sections 556 and 557 of title 5 of the United States Code and is
therefore excluded from the requirements of Executive Order 12866. The
hearing is called pursuant to the provisions of the Agricultural
Marketing Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674),
and the applicable rules of practice and procedure governing the
formulation of marketing agreements and orders (7 CFR part 900).
The Regulatory Flexibility Act (95 U.S.C. 601 et seq.) seeks to
ensure that within the statutory authority of a program, the regulatory
and informational requirements are tailored to the size and nature of
small businesses. Interested persons are invited to present evidence at
the hearing on the possible regulatory and informational impact of the
proposal on small businesses.
The notice of hearing herein has been reviewed under Executive
Order 12778, Civil Justice Reform. It is not intended to have
retroactive effect. The notice of hearing would not preempt any State
or local laws, regulations, or policies, unless they present an
irreconcilable conflict with this notice to consider an amendment.
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 requesting 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 the date of the entry of the ruling.
The Department is proposing to reexamine Sec. 985.5 ``Production
Area'' under the order to determine if portions of California and
Montana should continue to be regulated. This would require revision of
the definition of ``Production Area'' in the order to eliminate areas
currently regulated under the order that no longer need to be covered
in order to effectuate the declared policy of the Act. Evidence will
also be collected to determine if the order covers the smallest
regional production area practicable, consistent with carrying out the
policy of the Act.
The public hearing is being held solely for the purpose of: (i)
Receiving evidence about the economic and marketing conditions which
relate to the composition of the regulated area under the order; (ii)
determining whether there is a need to amend the order; and (iii)
determining if amendment will tend to effectuate the declared policy of
the Act.
The major area in which USDA is seeking evidence includes the
following:
Should portions of the production area with no historic record of
commercial production of spearmint oil continue to be regulated under
the order?
Specifically, evidence is needed to determine if California and
Montana should continue to be regulated under the order and whether the
``Production Area'' as defined under the order constitutes the smallest
practicable area to be regulated.
Everyone having an interest in this matter is invited to testify.
Persons wishing to submit written material as evidence at the hearing
should submit at least four copies of such material and should be
present at the hearing to present oral testimony concerning the
material.
Department employees involved in the decisional process are
prohibited from discussing the merits of the hearing issues on an ex
parte basis with any person having an interest in the proceeding. The
prohibition applies to employees in the following organizational units:
Office of the Secretary of Agriculture; Office of the Administrator,
Agricultural Marketing Service; Office of the General Counsel, and the
Fruit and Vegetable Division, Agricultural Marketing Service.
Procedural matters are not subject to the above prohibition and may
be discussed at any time.
Testimony is invited on the following proposal or appropriate
alternatives or modifications to such a proposal. The proposal being
submitted by the USDA is as follows:
[[Page 52870]]
Proposal
Sec. 985.5 Production area.
Production area means all the area within the States of Washington,
Idaho, Oregon, and that portion of Nevada north of the 37th parallel
and that portion of Utah west of the 111th meridian. The area shall be
divided into the following districts:
(a) District 1. State of Washington.
(b) District 2. The State of Idaho and that portion of the States
of Nevada and Utah included in the production area.
(c) District 3. The State of Oregon.
Authority: 7 U.S.C. 601-674.
Dated: October 4, 1995.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 95-25121 Filed 10-10-95; 8:45 am]
BILLING CODE 3410-02-P