[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Proposed Rules]
[Pages 36236-36240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17607]



[[Page 36236]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[Docket No. FV97-985-1 PR]


Spearmint Oil Produced in the Far West; Revision of 
Administrative Rules and Regulations Governing Issuance of Additional 
Allotment Base to New and Existing Producers

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would reduce the number of regions 
established for issuing additional allotment bases to new producers 
from four to three; revise the procedure used for issuing additional 
allotment bases when no requests are received from a region for a class 
of spearmint oil; and eliminate obsolete language pertaining to the 
issuance of additional allotment bases to existing producers during the 
1992-93 and 1993-94 marketing years. The Spearmint Oil Administrative 
Committee (Committee), the agency responsible for local administration 
of the marketing order for spearmint oil produced in the Far West, 
recommended this rule to ensure that a maximum number of new producers 
would receive additional allotment base each year at a level determined 
by the Committee to be a minimum economic enterprise.

DATES: Comments must be received by July 22, 1997.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent in triplicate to 
the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, 
South Building, PO Box 96456, Washington, DC. 20090-6456. 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; telephone: (503) 326-2043; Fax: (503) 326-7440; 
or George Kelhart, Marketing Order Administration Branch, Fruit and 
Vegetable Division, AMS, USDA, room 2525-S, South Building, PO Box 
96456, Washington, DC 20090-6456; telephone: (202) 690-3919; Fax: (202) 
720-5698. Small businesses may request information on compliance with 
this regulation by contacting: Jay Guerber, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, PO Box 
96456, room 2523-S, Washington, DC 20090-6456; telephone (202) 720-
2491; Fax (202) 720-5698.

SUPPLEMENTARY INFORMATION: This proposed 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 Nevada 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 proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This proposal 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 to review the Secretary's 
ruling on the petition, provided an action is filed not later than 20 
days after date of the entry of the ruling.
    The spearmint oil order is a volume control program that authorizes 
the regulation of spearmint oil produced in the Far West through annual 
allotment percentages and salable quantities for Class 1 (Scotch) and 
Class 3 (Native) spearmint oils. The salable quantity limits the 
quantity of each class of spearmint oil that may be marketed from each 
season's crop. Each producer is allotted a share of the salable 
quantity by applying the allotment percentage to that producer's 
allotment base for the applicable class of spearmint oil. Handlers may 
not purchase spearmint oil in excess of a producer's annual allotment, 
or from producers who have not been issued an allotment base under the 
order.
    Section 985.53(d)(3) of the order provides for rules to be 
established by the Committee, with the approval of the Secretary, for 
distribution of additional allotment bases. Pursuant to the authority 
in that section, the Committee unanimously recommended revising 
Sec. 985.153 of the order's rules and regulations at its meeting on 
March 18, 1997. Section 985.153 provides regulations for the issuance 
of additional allotment bases to new and existing producers. The 
Committee's recommendation proposes modification of portions of 
Sec. 985.153 to reflect current conditions within the Far West 
spearmint oil industry relative to the annual issuance of additional 
allotment bases to both new and existing producers. This proposed rule 
would reduce the number of regions established for issuing additional 
allotment bases to new producers from four to three; revise the 
procedure used for issuing additional allotment bases when no requests 
are received from a region for a class of spearmint oil; and r 
eliminate obsolete language pertaining to the issuance of additional 
allotment bases to existing producers during the 1992-93 and 1993-94 
marketing years.
    Section 985.53(d)(1) provides that, beginning with the 1982-83 
marketing year, the Committee annually make additional allotment bases 
available in an amount not greater than 1 percent of the total 
allotment base for each class of spearmint oil. The order specifies 
that, each year, 50 percent of the additional allotment bases be made 
available for new producers and 50 percent be made available for 
existing producers. A new producer is any person who has never been 
issued allotment base for a class of oil, and an existing producer is 
any person who has been issued allotment base for a class of oil. 
Provision is made in the order for new producers to apply to the 
Committee for the additional allotment base, which in turn is issued to 
applicants in each oil class by lottery. The additional allotment bases 
being made available to existing producers are distributed equally 
among all existing producers who apply.
    The order was amended on June 26, 1996 (61 FR 32924), by redefining 
the production area to exclude those portions of the area with no 
historic record of commercial production of

[[Page 36237]]

spearmint oil. The amendment thus removed the regulated portions of 
California and Montana, leaving the defined production area to mean the 
States of Washington, Oregon, and Idaho, and portions of the States of 
Nevada and Utah.
    Based on the order prior to the amendment, Sec. 985.153(c) 
currently establishes the regions for issuing additional allotment base 
as follows:
    (A) Region 1--Those portions of Montana and Utah included in the 
production area.
    (B) Region 2--The State of Oregon and those portions of Nevada and 
California included in the production area.
    (C) Region 3--The State of Idaho.
    (D) Region 4--The State of Washington.
    During past additional allotment base lotteries, the name of one 
new producer per class of oil in each of the above four regions was 
drawn by Committee staff. The lottery usually resulted in four new 
Scotch spearmint oil producers receiving approximately 2,300 pounds of 
allotment base each, and four new Native spearmint oil producers 
receiving approximately 2,500 pounds of allotment base each.
    This proposed rule would replace the above four regions with the 
following three regions:
    (A) Region 1--The State of Oregon and those portions of Utah and 
Nevada included in the production area.
    (B) Region 2--The State of Idaho.
    (C) Region 3--The State of Washington.
    The Committee made this recommendation primarily because of the 
removal of Montana and California from the production area, as well as 
its analysis of statistics relating to current spearmint oil production 
and the number of requests received each year for additional allotment 
base from the various states included in the production area. For 
example, Committee records show that the average number of applications 
by state for additional allotment base from 1986 to 1996 for Class 1 
and Class 3 spearmint oil, respectively, is 63.2 and 73.2 percent for 
Washington, 26.7 and 21.5 percent for Idaho, 9.6 and 11.2 percent for 
Oregon, 1.4 and 2.6 percent for Utah, and 0.2 and 0.2 percent for 
Nevada. Records also show that the number of producers, as well as the 
allotment bases held by those producers, is greatest in Washington 
followed in decreasing order by Idaho, Oregon, Utah, and Nevada. This 
recommendation would result in each region potentially having a 
significant number of applicants each year, thus bringing about equity 
in issuing the additional allotment base. It would also increase the 
amount of allotment base that is issued to each new producer.
    In reaching its recommendation to establish three regions the 
Committee also considered the importance of issuing as many blocks of 
additional allotment base as are possible at a level considered 
economically viable to each recipient. The Committee also resolved that 
each region should receive an equal number of these blocks. To 
establish a reasonable minimum economic enterprise required to produce 
each class of spearmint oil, the Committee relied on available 
statistical information and on the spearmint oil production experience 
of each member. Using this information and experience, the Committee 
concluded that producers require approximately 14 acres for Scotch 
spearmint oil production and approximately 13 acres for Native 
spearmint oil production to be economically viable. Using a 5-year 
average yield and a nominal allotment percentage of 55 as a basis, the 
Committee calculated that each new block of additional allotment base 
should be approximately 3,000 pounds for Scotch spearmint oil, and 
approximately 3,400 pounds for Native spearmint oil.
    The Committee used the following formula to establish a range of 
possible allotments for additional base: (Number of Acres  x  Average 
Yield per Acre = Production)  Allotment Percentage = Allotment 
Base Required for Viability. For example, applying this formula to a 
theoretical 14-acre Scotch spearmint oil operation with a 5-year 
average yield of 126 pounds per acre and a nominal 55 percent 
allotment, each new producer would receive an allotment base of 3,207 
pounds. To obtain the total additional allotment base available for new 
Scotch spearmint oil producers during the 1997-98 marketing year, the 
total allotment base of 1,811,556 was multiplied by 0.5 percent (50 
percent of the additional allotment base). The result, 9,058 pounds, if 
divided equally among the three proposed regions, would provide three 
new Class 1 producers with 3,019 pounds of allotment base each.
    Similarly, an example with a theoretical 13-acre Native spearmint 
oil operation, using a 5-year average yield of 151 pounds per acre and 
a nominal allotment percentage of 55, results in an allotment base of 
3,569 pounds for each new producer. The total additional allotment base 
available for new Native spearmint oil producers during the 1997-98 
marketing year, 10,048 pounds, was obtained by multiplying the total 
allotment base of 2,009,556 pounds by 0.5 percent. Thus, with equal 
distribution among the three proposed regions, three new Class 3 
producers would each receive 3,349 pounds of allotment base.
    From such calculations the Committee determined that there should 
be three regions, that a reasonable minimum economic unit would 
currently be approximately 3,000 pounds for Scotch spearmint oil and 
approximately 3,400 pounds for Native spearmint oil, and that currently 
there should be one new producer per class per region drawn during the 
annual allotment base lottery. Based on the current total industry 
allotment bases, the Committee concluded that any more than one 
recipient per class of oil in a region would result in an inadequate 
level of allotment base being issued to each new producer.
    The amount of allotment base to be issued to new Scotch spearmint 
oil producers would be slightly higher than the approximate amount the 
Committee believes necessary for an economically viable production 
unit. The amount to be issued to new Native spearmint oil producers 
would be only slightly lower than the Committee's guideline of 3,400 
pounds. In both cases, the amount to be allocated to new producers 
would be higher than under the current four district system.
    The Committee also recommended changing the procedure used to 
distribute unused additional allotment base for each class of oil in 
the event requests for such are not received from eligible new 
producers in one or more of the three proposed regions. Currently, if 
the Committee does not receive requests for additional allotment base 
for a class of oil from one or more regions, the unused allotment base 
is divided equally among the eligible new producers within the other 
regions receiving allotment base for that class of oil. This procedure 
has resulted in a reduction in the number of additional allotment base 
recipients. To insure that a maximum number of new producers receive 
allotment base for each class of oil each year, the Committee 
recommended that, in the event no requests for additional allotment 
base for a class of oil are received from a region, the unused 
allotment base would be issued to an eligible new producer whose name 
is drawn by lot from all remaining eligible new producers from all 
regions for that class of oil.
    Finally, the Committee recommended that obsolete language in 
Sec. 985.153(c)(2) pertaining to existing producers, but specific to 
the 1992-93 and 1993-94

[[Page 36238]]

marketing years, be removed. This language is specific to action taken 
on June 26, 1992 (57 FR 28569), to issue additional allotment base to 
existing producers with less than 3,000 pounds of allotment base to 
bring them up to a level not to exceed 3,000 pounds.
    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, this 
initial regulatory flexibility analysis has been prepared.
    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 small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are 8 spearmint oil handlers subject to regulation under the 
order and approximately 250 producers of spearmint oil in the regulated 
production area. Of the 250 producers, approximately 135 producers hold 
Class 1 spearmint oil allotment base, and approximately 115 producers 
hold Class 3 spearmint oil allotment base. Small agricultural service 
firms are 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 have been defined as those whose annual receipts 
are less than $500,000.
    The Far West spearmint oil industry is characterized by producers 
whose farming operations generally involve more than one commodity, and 
whose incomes from farming operations are not exclusively dependent on 
the production of spearmint oil. In the production of the spearmint 
plant, crop rotation is an essential cultural practice for weed, 
insect, and disease control. An average spearmint oil producing 
operation would have acreage sufficient enough to ensure that the total 
acreage available for the production of the crop is approximately one-
third spearmint and two-thirds rotational crops. Consequently, most 
spearmint oil producers would have considerably more acreage available 
than would be planted to spearmint during any given season. To remain 
economically viable with the added costs associated with spearmint oil 
production, most such farms would fall into the category of large 
businesses.
    Small spearmint oil producers generally are not extensively 
diversified 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 incomes from alternate 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. Records show that the order has 
contributed extensively to the stabilization of producer prices.
    Based on the Small Business Administration's definition of small 
entities, the Committee estimates that none of the eight handlers 
regulated by the order would be considered small entities as all are 
national or multinational corporations involved in the buying and 
selling of essential oils and the products of such essential oils. The 
Committee also estimates that 17 of the 135 Scotch spearmint oil 
producers and 10 of the 115 Native spearmint oil producers would be 
classified as small entities. Thus, a majority of handlers and 
producers of Far West spearmint oil would not be classified as small 
entities.
    Section 985.53 of the order provides that each year the Committee 
make available additional allotment bases for each class of oil in the 
amount of no more than 1 percent of the total allotment base for that 
class of oil. This affords an orderly method for new spearmint oil 
producers to enter into business and existing producers the ability to 
expand their operations as the spearmint oil market and individual 
conditions warrant. One-half of the 1 percent increase is issued 
annually by lot to eligible new producers for each class of oil. To be 
eligible, a producer must never have been issued allotment base for the 
class of spearmint oil such producer is making application for, and 
have the ability to produce such spearmint oil. The ability to produce 
spearmint oil is generally demonstrated when a producer has experience 
at farming, and owns or rents the equipment and land necessary to 
successfully produce spearmint oil.
    This proposed rule would reduce the number of regions established 
for the purpose of issuing annual additional allotment base to new 
producers from four to three. It would also change the procedure used 
to issue additional allotment base should no requests be received from 
eligible new producers in one or more of the three proposed regions. 
This proposal would also delete obsolete provisions in 
Sec. 985.153(c)(2) that pertain to the issuance of additional allotment 
base to existing producers during the 1992-93 and 1993-94 marketing 
years. The Committee recommended this rule for the purpose of ensuring 
equity in the distribution of additional allotment base following the 
order amendment that removed the regulated portions of California and 
Montana from the production area. The recommendation would also help to 
ensure that a maximum number of eligible new producers would receive 
additional allotment base each year at a level determined by the 
Committee to be the minimum economic enterprise needed to produce each 
class of spearmint oil.
    To establish a reasonable minimum economic enterprise required for 
the production of each class of spearmint oil, the Committee relied on 
available statistical information and on the spearmint oil production 
experience of each member. Using this information and experience, the 
Committee concluded that producers require approximately 14 acres for 
Scotch spearmint oil production and approximately 13 acres for Native 
spearmint oil production to be economically viable. Using a 5-year 
average yield and a nominal allotment percentage of 55 as a basis, the 
Committee calculated that each new block of additional allotment base 
should be approximately 3,000 pounds for Scotch spearmint oil, and 
approximately 3,400 pounds for Native spearmint oil.
    The Committee used the following formula to establish a range of 
possible allotments for additional base: (Number of Acres  x  Average 
Yield per Acre = Production)  Allotment Percentage = Allotment 
Base Required for Viability. For example, applying this formula to a 
theoretical 14-acre Scotch spearmint oil operation with a 5-year 
average yield of 126 pounds per acre and a nominal allotment percentage 
of 55, each new producer would receive an allotment base of 3,207 
pounds. To obtain the total additional allotment base available for new 
Scotch spearmint oil producers during the 1997-98 marketing year, the 
Committee multiplied the total industry allotment base of 1,811,556 by 
0.5

[[Page 36239]]

percent (50 percent of the additional allotment base). The result, 
9,058 pounds, if divided equally among the three proposed regions, 
would allot 3,019 pounds each for three new Class 1 producers.
    Similarly, an example with a theoretical 13-acre Native spearmint 
oil operation, using a 5-year average yield of 151 pounds per acre and 
a nominal allotment of 55 percent, results in an allotment base of 
3,569 pounds for each new producer. The total additional allotment base 
available for new Native spearmint oil producers during the 1997-98 
marketing year, 10,048 pounds, was obtained by multiplying the total 
industry allotment base of 2,009,556 pounds by 0.5 percent. With equal 
distribution among the three proposed regions, three new Class 3 
producers would each receive 3,349 pounds of allotment base.
    From such calculations the Committee determined that there should 
be three regions, that a reasonable minimum economic unit would 
currently be approximately 3,000 pounds for Scotch spearmint oil and 
approximately 3,400 pounds for Native spearmint oil, and that currently 
there should be one new producer per class per region drawn during the 
annual allotment base lottery. Based on the current total industry 
allotment bases, the Committee concluded that any more than one 
recipient per class of oil in a region would result in an inadequate 
level of allotment base being issued to each new producer.
    The amount of allotment base to be issued to new Scotch spearmint 
oil producers would be slightly higher than the approximate amount the 
Committee believes necessary for an economically viable production 
unit. The amount to be issued to new Native spearmint oil producers 
would be only slightly lower than the Committee's guideline of 3,400 
pounds. In both cases, the amount to be allocated to new producers 
would be higher than under the current four district system.
    During its deliberations, the Committee considered alternatives to 
this proposal. The first option discussed would have left 
Sec. 985.153(c) unchanged. This was rejected because of the need to 
develop a more equitable method of issuing additional base in light of 
the order amendment that removed California and Montana from the 
production area. The Committee also discussed the possibility of 
eliminating the use of different regions in its additional allotment 
base issuance procedures. In such a scenario, available additional 
allotment base would be distributed equally to those new producers 
drawing the allotment regardless of their spearmint acreage location. 
However, this option was also rejected because the Committee determined 
that such a procedure has the statistical potential of adding more new 
producers to those states with a greater number of current producers 
than to the states with few producers.
    The Committee made its recommendation after careful consideration 
of available information, including the aforementioned alternative 
recommendations, the order amendment that removed Montana and 
California from the production area, the minimum economic enterprise 
required for spearmint oil production, historical statistics relating 
to the locations of the producers applying for the annual additional 
allotment base, and other factors such as number of producers by state 
and the amount of allotment base held by such producers. Based on its 
review, the Committee believes that the action recommended is the best 
option available to ensure that the objectives sought will be achieved.
    The information collection requirements contained in the section of 
the order's rules and regulations proposed to be amended by this rule 
have been previously approved by the Office of Management and Budget 
(OMB) under the provisions of 44 U.S.C. chapter 35 and have been 
assigned OMB No. 0581-0065. This action would not impose any additional 
reporting or record keeping requirements on either small or large 
spearmint oil producers and handlers. All reports and forms associated 
with this program are reviewed periodically in order to avoid 
unnecessary and duplicative information collection by industry and 
public sector agencies. The Department has not identified any relevant 
Federal rules that duplicate, overlap, or conflict with this proposed 
rule.
    The Committee's meeting was widely publicized throughout the 
spearmint oil industry and all interested persons were invited to 
attend and participate in the discussion on these issues. Interested 
persons are also invited to submit information on the regulatory and 
informational impacts of this action on small businesses.
    A 15-day comment period is provided to allow interested persons to 
respond to this proposal. Fifteen days is deemed appropriate because 
this rule would need to be in place as soon as possible because the 
Committee plans to distribute base to new producers for the 1998-99 
marketing year in August 1997. All written comments received within the 
comment period will be considered before a final determination is made 
on this matter.

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 
proposed to be 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 Sec. 985.153, paragraph (c) is revised to read as follows:


Sec. 985.153  Issuance of additional allotment base to new and existing 
producers.

* * * * *
    (c) Issuance--(1) New producers. (i) Regions: For the purpose of 
issuing additional allotment base to new producers, the production area 
is divided into the following regions:
    (A) Region 1. The State of Oregon and those portions of Utah and 
Nevada included in the production area.
    (B) Region 2. The State of Idaho.
    (C) Region 3. The State of Washington.
    (ii) Each year, the Committee shall determine the size of the 
minimum economic enterprise required to produce each class of oil. The 
Committee shall thereafter calculate the number of new producers who 
will receive allotment base under this section for each class of oil. 
An equal number of grants of the additional allotment base for each 
class of oil that is available to new producers each marketing year 
shall be issued to producers within each region. The Committee shall 
include that information in its announcements to new producers in each 
region informing them when to submit requests for allotment base. The 
Committee shall determine whether the new producers requesting 
additional base have ability to produce spearmint oil. The names of all 
eligible new producers in each region shall be placed in a lot for 
drawing. A separate drawing shall be held for each region. If, in any 
marketing year, there are no requests in a class of oil from eligible 
new producers in a region, such unused allotment base shall be issued 
to an eligible new producer whose name is selected by drawing from a 
lot containing the names of all remaining eligible new producers from 
all regions

[[Page 36240]]

for that class of oil. The Committee shall immediately notify each new 
producer whose name was drawn and issue that producer an allotment base 
in the appropriate amount.
    (2) Existing producers. (i) The Committee shall review all requests 
from existing producers for additional allotment base.
    (ii) Each existing producer of a class of spearmint oil who 
requests additional allotment base and who has the ability to produce 
additional quantities of that class of spearmint oil, shall be eligible 
to receive a share of the additional allotment base for that class of 
oil. Additional allotment base to be issued by the Committee for a 
class of oil shall be distributed equally among the eligible producers 
for that class of oil. The Committee shall immediately notify each 
producer who is to receive additional allotment base by issuing that 
producer an allotment base in the appropriate amount.
* * * * *
    Dated: June 30, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-17607 Filed 7-3-97; 8:45 am]
BILLING CODE 3410-02-P