[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Proposed Rules]
[Pages 11751-11756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5842]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / 
Proposed Rules  

[[Page 11751]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[Docket No. FV-03-985-1 PR]


Marketing Order Regulating the Handling of Spearmint Oil Produced 
in the Far West; Salable Quantities and Allotment Percentages for the 
2003-2004 Marketing Year

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This rule would establish the quantity of spearmint oil 
produced in the Far West, by class, that handlers may purchase from, or 
handle for, producers during the 2003-2004 marketing year, which begins 
on June 1, 2003. This rule invites comments on the establishment of 
salable quantities and allotment percentages for Class 1 (Scotch) 
spearmint oil of 857,444 pounds and 45 percent, respectively, and for 
Class 3 (Native) spearmint oil of 808,528 pounds and 38 percent, 
respectively. 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 for 
the purpose of avoiding extreme fluctuations in supplies and prices, to 
help maintain stability in the spearmint oil market.

DATES: Comments must be received by April 1, 2003.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. 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 E-mail: 
[email protected]. All comments should reference the docket 
number and the date and page number of this issue of the Federal 
Register and will be made available for public inspection in the Office 
of the Docket Clerk during regular business hours, or can be viewed at: 
http://www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT: Robert J. Curry, Northwest Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, suite 385, 
Portland, Oregon 97204; telephone: (503) 326-2724; Fax: (503) 326-7440; 
or George Kelhart, Technical Advisor, 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.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, 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: [email protected].

SUPPLEMENTARY INFORMATION: This proposal 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.'' 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 (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the provisions of the order now in effect, 
salable quantities and allotment percentages may be established for 
classes of spearmint oil produced in the Far West. This proposed rule 
would establish the quantity of spearmint oil produced in the Far West, 
by class, that may be purchased from or handled for producers by 
handlers during the 2003-2004 marketing year, which begins on June 1, 
2003. This proposed rule would 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 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.
    Pursuant to authority in Sec. Sec.  985.50, 985.51, and 985.52 of 
the order, the Committee, with seven of its eight members present, met 
on October 2, 2002, and recommended salable quantities and allotment 
percentages for both classes of oil for the 2003-2004 marketing year. 
With six members in favor and one opposed, the Committee recommended 
the establishment of a salable quantity and allotment percentage for 
Scotch spearmint oil of 857,444 pounds and 45 percent, respectively. 
For Native spearmint oil, the Committee unanimously recommended the 
establishment of a salable quantity and allotment percentage of 808,528 
pounds and 38 percent, respectively.
    This proposed rule would limit the amount of spearmint oil that 
handlers may purchase from, or handle for, producers during the 2003-
2004 marketing year, which begins on June 1, 2003. Salable quantities 
and allotment percentages have been placed into effect each season 
since the order's inception in 1980.
    The U.S. production of spearmint oil is concentrated in the Far 
West, primarily Washington, Idaho, and Oregon (part of the area covered 
by the marketing order). Spearmint oil is also produced in the Midwest. 
The production area covered by the marketing order currently accounts 
for approximately 55 percent of the annual U.S. production of Scotch 
spearmint oil.

[[Page 11752]]

    When the order became effective in 1980, the United States produced 
nearly 100 percent of the world's supply of Scotch spearmint oil, of 
which approximately 72 percent was produced in the regulated production 
area in the Far West. The Far West continued to produce an average of 
about 69 percent of the world's Scotch spearmint oil supply during the 
period from 1980 to 1990. International production characteristics have 
changed since 1990, however, with foreign Scotch spearmint oil 
production contributing significantly to world production. The Far 
West's market share as a percent of total world sales has averaged 
about 45 percent since 1990.
    Between 1996 and 2000, the Committee's marketing strategy for 
Scotch spearmint oil centered around an attempt to regain a substantial 
amount of the Far West's historical share of the global market for this 
class of oil. Although still interested in retaining a sizable share of 
the global market, the Committee has since refocused its strategy on 
establishing a salable quantity that is largely determined by 
information on price and available supply as they are affected by the 
estimated trade demand.
    Although sales had increased somewhat, the Far West's market share 
as a percentage of total world sales had not increased on average, and 
the market price for Scotch spearmint oil had continued to decline 
throughout the 1996-2000 period. During the 1998-1999 and 1999-2000 
marketing years, the price paid to producers for Scotch spearmint oil 
dropped to a low of $7.00 per pound. Although the current price for 
Scotch oil is about $8.00 per pound, the Committee, as well as 
spearmint oil producers and handlers attending the October 2, 2002, 
meeting, continue to believe that such returns are generally below the 
cost of production for most producers. The most recent information 
available from the Washington State University Cooperative Extension 
Service (WSU), indicates the production costs to be between $13.50 and 
$15.00 per pound.
    The Committee estimates that acreage of Scotch spearmint has 
declined from about 10,000 acres in 1998 to about 4,000 acres 
currently. The reduction in acreage is directly attributable to the 
relatively low level of producer returns. Based on the reduced Scotch 
spearmint acreage, the Committee estimates that production for the 
current season (the 2002-2003 marketing season) will be about 472,600 
pounds.
    The Committee calculated the 2003-2004 Scotch spearmint oil salable 
quantity (857,444 pounds) and allotment percentage (45 percent) by 
utilizing sales estimates for 2003-2004 Scotch oil as provided by 
several of the industry's handlers, as well as historical and current 
Scotch oil sales levels. Between June 1, 2002, and September 27, 2002, 
415,914 pounds of Scotch oil were sold, a level below the most recent 
five-year average of 490,926 pounds. Handlers are estimating that sales 
for the 2002-2003 marketing year may range from a low of 700,000 pounds 
to a high of 825,000 pounds. With 387,374 pounds carried in to the 
current marketing year and an estimated 472,608 pounds being produced, 
the total available supply this year, including the 415,914 pounds 
already sold, is 859,982 pounds.
    The recommendation for the 2003-2004 Scotch spearmint oil volume 
regulation is consistent with the Committee's stated intent of keeping 
adequate supplies available at all times, while attempting to stabilize 
prices at a level adequate to sustain the farmers producing the oil. 
Furthermore, the recommendation takes into consideration the industry's 
desire to compete with less expensive oil produced outside the 
regulated area.
    Although Native spearmint oil producers are facing market 
conditions similar to those affecting the Scotch spearmint oil market, 
unlike Scotch, over 90 percent of the U.S. production of Native 
spearmint is produced within the Far West production area. Also, unlike 
Scotch, most of the world's supply of Native spearmint is produced in 
the U.S.
    The current, flat market contributed to the Committee's 
recommendation for a salable quantity of 808,528 pounds and an 
allotment percentage of 38 percent for Native spearmint oil for the 
2003-2004 marketing year. The supply and demand characteristics of the 
current Native spearmint oil market are keeping the price relatively 
steady at about $9.00 per pound--a level the Committee considers too 
low for the majority of producers to maintain viability. The WSU study 
referenced earlier indicates that the cost of producing Native 
spearmint oil ranges from $10.26 to $10.92 per pound.
    Although Native spearmint acreage has decreased about 11 percent 
over the last year, the Committee estimates that over a million pounds 
of Native oil is expected to be produced this year. With current sales 
approximating the five-year average of about 500,000 pounds, the 
current season's salable quantity of 800,761 pounds coupled with the 
June 1, 2002, carry-in of 202,872 pounds will likely produce a surplus 
of oil, adding to the nearly 1.2 million pounds already in reserve. 
Handlers are estimating that about 918,750 pounds of Native spearmint 
oil, on average, may be sold during the 2003-2004 marketing year. This 
estimate, combined with the information available regarding current 
supply and price, helped lead the Committee to its recommendation for a 
2003-2004 salable quantity of 808,528 pounds. When considered in 
conjunction with the estimated carry-in of 104,562 pounds of oil on 
June 1, 2003, the recommended salable quantity results in a total 
available supply of Native spearmint oil next year of about 913,090 
pounds.
    Thus, with over 90 percent of the world production currently 
located in the Far West, the Committee's method of calculating the 
Native spearmint oil salable quantity and allotment percentage 
continues to primarily utilize information on price and available 
supply as they are affected by the estimated trade demand. The 
Committee's stated intent is to make adequate supplies available to 
meet market needs and improve producer prices.
    Despite the downward trend in the price of both classes of 
spearmint oil in recent years, the Committee believes that the order 
has contributed extensively to the stabilization of producer prices, 
which prior to 1980 experienced wide fluctuations from year to year. 
According to the National Agricultural Statistics Service, for example, 
the average price paid for both classes of spearmint oil ranged from 
about $4.00 per pound to about $12.50 per pound during the period 
between 1968 and 1980. Excluding the most recent four marketing years, 
prices since the order's inception have generally stabilized at about 
$11.00 per pound for Native spearmint oil and at about $13.00 per pound 
for Scotch spearmint oil. However, the prices for both classes of oil 
have dropped over the last few years due to several factors, including 
the general uncertainty being experienced through the U.S. economy and 
the continuing overall weak farm situation, as well as an abundant 
global supply of spearmint oil. As noted earlier,--although lower than 
what producers believe to be viable--prices currently appear to be 
stable at about $8.00 for Scotch and $9.00 for Native.
    The Committee based its recommendation for the proposed salable 
quantity and allotment percentage for each class of spearmint oil for 
the 2003-2004 marketing year on the information discussed above, as 
well as the data outlined below.

[[Page 11753]]

(1) Class 1 (Scotch) Spearmint Oil

    (A) Estimated carry-in on June 1, 2003--43,782 pounds. This figure 
is the difference between the estimated 2002-2003 marketing year trade 
demand of 816,200 pounds and the revised 2002-2003 marketing year total 
available supply of 859,982 pounds. The 2002-2003 marketing year total 
available supply was revised due to differences in the carry-in 
estimated on October 11, 2001, and the actual carry-in on June 1, 2002, 
as well as producer deficiencies on June 1, 2002. A producer is 
deficient when the producer is unable or unwilling to produce oil equal 
to his or her salable quantity and is unable to fill this deficiency 
from reserve pool oil or excess oil from another producer. When prices 
are below a producer's cost of production, they generally reduce acres 
and produce less oil.
    (B) Estimated trade demand for the 2003-2004 marketing year--
822,200 pounds. This figure represents the Committee's estimate based 
on the average of the estimates provided by producers at five Scotch 
spearmint oil production area meetings held in September 2002, as well 
as estimates provided by handlers and others at the October 2, 2002, 
meeting. Handler trade demand estimates for the 2003-2004 marketing 
year ranged from 750,000 to 800,000 pounds. The average of sales over 
the last five years was 912,209 pounds.
    (C) Salable quantity required from the 2003-2004 marketing year 
production--778,418 pounds. This figure is the difference between the 
estimated 2003-2004 marketing year trade demand (822,200 pounds) and 
the estimated carry-in on June 1, 2003 (43,782 pounds).
    (D) Total estimated allotment base for the 2003-2004 marketing 
year--1,905,430 pounds. This figure represents a one-percent increase 
over the revised 2002-2003 total allotment base. This figure is 
generally revised each year on June 1 due to producer base being lost 
due to the bona fide effort production provisions of Sec.  985.53(e). 
The revision is usually minimal.
    (E) Computed allotment percentage--40.9 percent. This percentage is 
computed by dividing the required salable quantity by the total 
estimated allotment base.
    (F) Recommended allotment percentage--45 percent. This 
recommendation is based on the Committee's determination that a 
decrease from the current season's allotment percentage of 45 percent 
to the computed 40.9 percent would not adequately supply the potential 
2003-2004 market. The recommended level of 45 percent is slightly 
higher than the 22-year average of sales.
    (G) The Committee's recommended salable quantity--857,444 pounds. 
This figure is the product of the recommended allotment percentage and 
the total estimated allotment base.
    (H) Estimated available supply for the 2003-2004 marketing year--
901,226 pounds. This figure is the sum of the 2003-2004 recommended 
salable quantity (857,444 pounds) and the estimated carry-in on June 1, 
2003 (43,782 pounds).

(2) Class 3 (Native) Spearmint Oil

    (A) Estimated carry-in on June 1, 2003--104,562 pounds. This figure 
is the difference between the estimated 2002-2003 marketing year trade 
demand of 900,000 pounds and the revised 2002-2003 marketing year total 
available supply of 1,004,562 pounds.
    (B) Estimated trade demand for the 2003-2004 marketing year--
875,000 pounds. This figure is based on input from producers at the 
five Native spearmint oil production area meetings held in September 
2002, from handlers, and from Committee members and other meeting 
participants at the October 2, 2002, meeting. The average estimated 
trade demand provided at the five production area meetings was 907,000 
pounds, whereas the average handler estimate was 918,750 pounds. 
According to the Committee, the more conservative estimate chosen for 
the 2003-2004 trade demand figure reflects a general lack of 2003 
contract offers to date.
    (C) Salable quantity required from the 2003-2004 marketing year 
production--770,438 pounds. This figure is the difference between the 
estimated 2003-2004 marketing year trade demand (875,000 pounds) and 
the estimated carry-in on June 1, 2003 (104,562 pounds).
    (D) Total estimated allotment base for the 2003-2004 marketing 
year--2,127,706 pounds. This figure represents a one percent increase 
over the revised 2002-2003 total allotment base. This figure is 
generally revised each year on June 1 due to producer base being lost 
due to the bona fide effort production provisions of Sec.  985.53(e). 
The revision normally involves a minimal amount of spearmint oil.
    (E) Computed allotment percentage--36.2 percent. This percentage is 
computed by dividing the required salable quantity by the total 
estimated allotment base.
    (F) Recommended allotment percentage--38 percent. This is the 
Committee's recommendation based on the computed allotment percentage, 
the average of the computed allotment percentage figures from the five 
production area meetings (38.6 percent), and input from producers and 
handlers at the October 2, 2002, meeting.
    (G) The Committee's recommended salable quantity--808,528 pounds. 
This figure is the product of the recommended allotment percentage and 
the total estimated allotment base.
    (H) Estimated available supply for the 2003-2004 marketing year--
913,090 pounds. This figure is the sum of the 2003-2004 recommended 
salable quantity (808,528 pounds) and the estimated carry-in on June 1, 
2003 (104,562 pounds).
    The salable quantity is the total quantity of each class of 
spearmint oil, which handlers may purchase from, or handle on behalf of 
producers during a marketing year. Each producer is allotted a share of 
the salable quantity by applying the allotment percentage to the 
producer's allotment base for the applicable class of spearmint oil.
    The Committee's recommended Scotch and Native spearmint oil salable 
quantities and allotment percentages of 857,444 pounds and 45 percent 
and 808,528 and 38 percent, respectively, are based on the Committee's 
goal of maintaining market stability by avoiding extreme fluctuations 
in supplies and prices and the anticipated supply and trade demand 
during the 2003-2004 marketing year. The proposed salable quantities 
are not expected to cause a shortage of spearmint oil supplies. Any 
unanticipated or additional market demand for spearmint oil, which may 
develop during the marketing year, can be satisfied by an increase in 
the salable quantities. Both Scotch and Native spearmint oil producers 
who produce more than their annual allotments during the 2003-2004 
season may transfer such excess spearmint oil to a producer with 
spearmint oil production less than his or her annual allotment or put 
it into the reserve pool.
    This proposed regulation, if adopted, would be similar to those, 
which have been issued, in prior seasons. Costs to producers and 
handlers resulting from this proposed action are expected to be offset 
by the benefits derived from a stable market and improved returns. In 
conjunction with the issuance of this proposed rule, USDA has reviewed 
the Committee's marketing policy statement for the 2003-2004 marketing 
year. The Committee's marketing policy statement, a requirement 
whenever the Committee recommends volume

[[Page 11754]]

regulations, fully meets the intent of Sec.  985.50 of the order. 
During its discussion of potential 2003-2004 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 the USDA's ``Guidelines for Fruit, Vegetable, and 
Specialty Crop Marketing Orders'' has also been reviewed and confirmed.
    The establishment of these salable quantities and allotment 
percentages would allow for anticipated market needs. In determining 
anticipated market needs, consideration by the Committee was given to 
historical sales, as well as changes and trends in production and 
demand. This rule also provides producers with information on the 
amount of spearmint oil, which should be produced for next season in 
order to meet anticipated market 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 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 7 spearmint oil handlers subject to regulation under the 
order, and approximately 98 producers of Class 1 (Scotch) spearmint oil 
and approximately 100 producers of Class 3 (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 $5,000,000, and small 
agricultural producers are defined as those whose annual receipts are 
less than $750,000.
    Based on the SBA's definition of small entities, the Committee 
estimates that 2 of the 7 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 
11 of the 98 Scotch spearmint oil producers and 13 of the 100 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 Far West spearmint oil industry is characterized by producers 
whose farming operations generally involve more than one commodity, and 
whose income from farming operations is not exclusively dependent on 
the production of spearmint oil. A typical spearmint oil-producing 
operation has enough acreage for rotation such that the total acreage 
required to produce the crop is about one-third spearmint and two-
thirds rotational crops. Thus, the typical spearmint oil farmer has to 
have considerably more acreage than is planted to spearmint during any 
given season. Crop rotation is an essential cultural practice in the 
production of spearmint oil for weed, insect, and disease control. To 
remain economically viable with the added costs associated with 
spearmint oil production, most spearmint oil-producing farms fall into 
the SBA category of large businesses.
    This proposed rule would establish the quantity of spearmint oil 
produced in the Far West, by class, that handlers may purchase from, or 
handle for, producers during the 2003-2004 marketing year. The 
Committee recommended this rule to help maintain stability in the 
spearmint oil market by avoiding extreme fluctuations in supplies and 
prices. Establishing quantities to be purchased or handled during the 
marketing year through volume regulations allows growers to plan their 
mint planting and harvesting to meet expected market needs. The 
provisions of Sec. Sec.  985.50, 985.51, and 985.52 of the order 
authorize this action.
    Small spearmint oil producers generally are not as extensively 
diversified as larger ones and as such are more at risk to market 
fluctuations. Such small farmers 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.
    Demand for spearmint oil tends to be relatively stable from year-
to-year. The demand for spearmint oil is expected to grow slowly for 
the foreseeable future because the demand for consumer products that 
use spearmint oil will likely expand slowly, in line with population 
growth.
    Demand for spearmint oil at the farm level is derived from retail 
demand for spearmint-flavored products at retail such as chewing gum, 
toothpaste, and mouthwash. The manufacturers of these products are by 
far the largest users of mint oil. However, spearmint flavoring is 
generally a very minor component of the products in which it is used, 
so changes in the raw product price have no impact on retail prices for 
those goods.
    Spearmint oil production tends to be cyclical. Years of large 
production, with demand remaining reasonably stable, have led to 
periods in which large producer stocks of unsold spearmint oil have 
depressed producer prices for a number of years. Shortages and high 
prices may follow in subsequent years, as producers respond to price 
signals by cutting back production.
    The wide fluctuations in supply and prices that result from this 
cycle, which was even more pronounced before the creation of the 
marketing order, can create liquidity problems for some producers. The 
marketing order was designed to reduce the price impacts of the 
cyclical swings in production. However, producers have been less able 
to weather these cycles in recent years because of the decline in 
prices of many of the alternative crops they grow. As noted earlier, 
almost all spearmint oil producers diversify by growing other crops.
    Instability in the spearmint oil sub sector of the mint industry is 
much more likely to originate on the supply side than the demand side. 
Fluctuations in yield and acreage planted from

[[Page 11755]]

season-to-season tend to be larger than fluctuations in the amount 
purchased by buyers.
    The significant variability is illustrated by the fact that between 
1980 and 2001, the coefficient of variation (CV) of northwest spearmint 
oil production was about 0.24. The CV is a standard measure of 
variability above and below the average production level of 1,880,727 
pounds. Production in the shortest crop year was about 48 percent of 
the 22-year average and the largest crop was approximately 164 percent. 
A key consequence is that in years of oversupply and low prices, the 
season average producer price of spearmint oil is below the average 
cost of production (as measured by the Washington State University 
Cooperative Extension Service).
    Over the 22-year period, the CV for spearmint oil prices was about 
0.13, well below the CV for production. This provides an indication of 
the price stabilizing impact of the marketing order.
    In an effort to stabilize prices, the spearmint oil industry uses 
the volume control mechanisms authorized under the order. This 
authority allows the Committee to recommend a salable quantity and 
allotment percentage for each class of oil for the upcoming marketing 
year. The salable quantity for each class of oil is the total volume of 
oil that producers may sell during the marketing year. The allotment 
percentage for each class of spearmint oil is derived by dividing the 
salable quantity by the total allotment base.
    Each producer is then issued an annual allotment certificate, in 
pounds, for the applicable class of oil, which is calculated by 
multiplying the producer's allotment base by the applicable allotment 
percentage. This is the amount of oil for the applicable class that the 
producer can sell.
    By November 1 of each year, the Committee identifies any oil that 
individual producers have produced above the volume specified on their 
annual allotment certificates. This excess oil is placed in a reserve 
pool administered by the Committee.
    There is a reserve pool for each class of oil that may not be sold 
during the current marketing year unless the Secretary approves a 
Committee recommendation to make a portion of the pool available. 
However, limited quantities of reserve oil are typically sold to fill 
deficiencies. A deficiency occurs when on-farm production is less than 
a producer's allotment. In that case, a producer's own reserve oil can 
be sold to fill that deficiency. Excess production (higher than the 
producer's allotment) can be sold to fill other producers' 
deficiencies.
    In any given year, the total available supply of spearmint oil is 
composed of current production plus carry-over stocks from the previous 
crop. The Committee seeks to maintain market stability by balancing 
supply and demand, and to close the marketing year with an appropriate 
level of carry-out. If the industry has production in excess of the 
salable quantity, then the reserve pool absorbs the surplus quantity of 
spearmint oil, which goes unsold during that year, unless the oil is 
needed for unanticipated sales.
    Under its provisions, the order may attempt to stabilize prices by 
(1) limiting supply and establishing reserves in high production years, 
thus minimizing the price-depressing effect that excess producer stocks 
have on unsold spearmint oil, and (2) ensuring that stocks are 
available in short supply years when prices would otherwise increase 
dramatically. The reserve pool stocks grown in large production years 
are drawn down in short crop years.
    An econometric model was used to assess the impact that volume 
control has on the prices producers receive for their commodity. 
Without volume control, spearmint oil markets would likely be over-
supplied, resulting in low producer prices and a large volume of oil 
stored and carried over to the next crop year. The model estimates how 
much lower producer prices would likely be in the absence of volume 
controls.
    The Committee estimated the available supply during the 2003-2004 
marketing year for both classes of oil at 1,814,356 pounds, and that 
the expected carry-in will be 148,344 pounds. Therefore, with volume 
control, sales by producers for the 2003-2004 marketing year should be 
limited to 1,665,972 pounds (the recommended salable quantity for both 
classes of spearmint oil).
    The recommended salable percentages, upon which 2003-2004 producer 
allotments are based, are 45 percent for Scotch and 38 percent for 
Native. Without volume controls, producers would not be limited to 
these allotment levels, and could produce and sell additional 
spearmint. The econometric model estimated a $1.57 decline in the 
season average grower price per pound (from both classes of spearmint 
oil) resulting from the higher quantities that would be produced and 
marketed without volume control. Northwest grower prices for both 
classes of spearmint oil averaged $8.86 for 2000 and 2001, based on 
National Agricultural Statistics Service data, continuing a downward 
decline in recent years. The severe surplus situation for the spearmint 
oil market that would exist without volume controls in 2003-2004 also 
would likely dampen prospects for improved grower prices in future 
years because of the buildup in stocks.
    The use of volume controls allows the industry to fully supply 
spearmint oil markets while avoiding the negative consequences of over-
supplying these markets. The use of volume controls is believed to have 
little or no effect on consumer prices of products containing spearmint 
oil and will not result in fewer retail sales of such products.
    The Committee discussed alternatives to the recommendations 
contained in this rule for both classes of spearmint oil. The Committee 
discussed and rejected the idea of recommending that there not be any 
volume regulation for Scotch spearmint oil because of the severe price-
depressing effects that would occur without volume control.
    The Committee also considered various alternative levels of volume 
control for Scotch spearmint oil, including leaving the percentage the 
same as the current season, increasing the percentage to a less 
restrictive level, or decreasing the percentage. After considerable 
discussion in which there was no support for increasing the percentage 
and minimal support for decreasing it, the Committee chose to remain at 
the current level (45 percent). One Committee member voted in favor of 
establishing an allotment percentage of 40 percent due to his belief 
that anything more would not help improve the current depressed prices 
growers are receiving for their oil.
    The Committee also discussed alternative allotment percentage 
levels for Native spearmint oil. With the current price for Native 
spearmint oil lower than the 20-year average, and demand fairly flat, 
the Committee, after considerable discussion, determined that 808,528 
pounds and 38 percent would be the most effective salable quantity and 
allotment percentage, respectively, for the 2003-2004 marketing year. 
With a market situation similar to that of Scotch, none of those in 
attendance at the October 2, 2002, meeting were in support of a higher 
level of volume regulation, and only a few voiced support for levels 
less than 38 percent. After considerable discussion, the Committee 
unanimously supported the recommendation contained herein.
    As noted earlier, the Committee's recommendation to establish 
salable quantities and allotment percentages for both classes of 
spearmint oil was made

[[Page 11756]]

after careful consideration of all available information, including: 
(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) the prospective production of each class of oil; (4) the 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. Based on its review, the Committee believes that the salable 
quantity and allotment percentage levels recommended would achieve the 
objectives sought.
    Without any regulations in effect, the Committee believes the 
industry would return to the pronounced cyclical price patterns that 
occurred prior to the order, and that prices in 2003-2004 would decline 
substantially below current levels.
    As stated earlier, the Committee believes that the order has 
contributed extensively to the stabilization of producer prices, which 
prior to 1980 experienced wide fluctuations from year-to-year. National 
Agricultural Statistics Service records show that the average price 
paid for both classes of spearmint oil ranged from about $4.00 per 
pound to about $12.50 per pound during the period between 1968 and 
1980. Prices have been consistently more stable since the marketing 
order's inception in 1980. For much of the 1990's, prices had 
stabilized at about $13.00 per pound for Scotch spearmint oil and about 
$11.00 per pound for Native spearmint oil.
    Over the last four years, however, large production and carry-in 
inventories have contributed to declining prices, despite the 
Committee's efforts to balance available supplies with demand. Further, 
over the same period, prices have ranged from $8.00 to $11.00 per pound 
for Scotch spearmint oil and between $9.00 to $10.00 per pound for 
Native spearmint oil.
    According to the Committee, the recommended salable quantities and 
allotment percentages are expected to achieve the goals of market and 
price stability.
    As previously stated, annual salable quantities and allotment 
percentages have been issued for both classes of spearmint oil since 
the order's inception. Reporting and recordkeeping requirements have 
remained the same for each year of regulation. These requirements have 
been approved by the Office of Management and Budget under OMB Control 
No. 0581-0065. Accordingly, this action would not impose any additional 
reporting or recordkeeping 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 USDA 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 on all issues. In addition, 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/fv/moab.html. Any questions about the compliance 
guide should be sent to Jay Guerber at the previously mentioned address 
in the FOR FURTHER INFORMATION CONTACT section.
    A 20-day comment period is provided to allow interested persons the 
opportunity to respond to the proposal, including any regulatory and 
informational impacts of this action on small businesses. This comment 
period is deemed appropriate so that a final determination can be made 
prior to June 1, 2003, the beginning of the 2003-2004 marketing year. 
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. A new Sec.  985.222 is added to read as follows:
    [Note: This section will not appear in the Code of Federal 
Regulations.]

Sec.  985.222  Salable quantities and allotment percentages--2003-2004 
marketing year.

    The salable quantity and allotment percentage for each class of 
spearmint oil during the marketing year beginning on June 1, 2003, 
shall be as follows:
    (a) Class 1 (Scotch) oil--a salable quantity of 857,444 pounds and 
an allotment percentage of 45 percent.
    (b) Class 3 (Native) oil--a salable quantity of 808,528 pounds and 
an allotment percentage of 38 percent.

    Dated: March 6, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-5842 Filed 3-11-03; 8:45 am]
BILLING CODE 3410-02-U