[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]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
 ========================================================================
 

  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