[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Proposed Rules]
[Pages 16001-16008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06335]


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 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. 82, No. 61 / Friday, March 31, 2017 / 
Proposed Rules  

[[Page 16001]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[Doc. No. AMS-SC-16-0107; SC17-985-1 PR]


Marketing Order Regulating the Handling of Spearmint Oil Produced 
in the Far West; Salable Quantities and Allotment Percentages for the 
2017-2018 Marketing Year

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would implement a recommendation from the 
Far West Spearmint Oil Administrative Committee (Committee) to 
establish the quantity of spearmint oil produced in the Far West, by 
class, that handlers may purchase from, or handle on behalf of, 
producers during the 2017-2018 marketing year, which begins on June 1, 
2017. The Far West production area includes the states of Washington, 
Idaho, Oregon, and designated parts of Nevada and Utah. The Committee 
locally administers the marketing order and is comprised of spearmint 
oil producers operating within the area of production, and a public 
member. This action would establish salable quantities and allotment 
percentages for Class 1 (Scotch) spearmint oil of 774,645 pounds and 36 
percent, respectively, and for Class 3 (Native) spearmint oil of 
1,075,051 pounds and 44 percent, respectively. The Committee 
recommended these salable quantities and allotment percentages to help 
maintain stability in the spearmint oil market.

DATES: Comments must be received by May 1, 2017.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, Specialty Crops Program, 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 proposal 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: Dale Novotny, Marketing Specialist, or 
Gary Olson, Regional Director, Northwest Marketing Field Office, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: 
[email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [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.'' 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 proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This proposed rule is not intended to have retroactive 
effect. Under 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, which handlers may 
purchase from, or handle on behalf of, producers during the 2017-2018 
marketing year, which begins on June 1, 2017.
    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 Committee meets annually in the fall to adopt a marketing 
policy for the ensuing marketing year or years. In determining such 
marketing policy, the Committee considers a number of factors, 
including, but not limited to, the current and projected supply, 
estimated future demand, production costs, and producer prices for all 
classes of spearmint oil. Input from spearmint oil handlers and 
producers regarding prospective marketing conditions for the upcoming 
year is considered as well.
    If the Committee's marketing policy considerations indicate a need 
for regulating the quantity of any or all classes of spearmint oil 
marketed, the Committee subsequently recommends to USDA the 
establishment of a salable quantity and allotment percentage for such 
class or classes of oil in the forthcoming marketing year. 
Recommendations for volume regulation are intended to ensure that 
market requirements for Far West spearmint oil are satisfied and 
orderly marketing conditions are maintained.
    The salable quantity represents the total amount of each class of 
spearmint oil that handlers may purchase from, or handle on behalf of, 
producers during the marketing year. The allotment

[[Page 16002]]

percentage is the percentage used to calculate each producer's prorated 
share of the salable quantity. It is derived by dividing the salable 
quantity for each class of spearmint oil by the total of all producers' 
allotment bases for the same class of oil. Each producer's annual 
allotment of salable spearmint oil is calculated by multiplying their 
respective total allotment base by the allotment percentage for each 
class of spearmint oil. A producer's allotment base is their quantified 
share of the spearmint oil market based on a statistical representation 
of past spearmint oil production, with accommodation for reasonable, 
normal adjustments to such base as prescribed by the Committee and 
approved by USDA.
    Salable quantities and allotment percentages are established at 
levels intended to fulfill market requirements and to maintain orderly 
marketing conditions. Committee recommendations for volume regulation 
are made well in advance of the period in which the regulations are to 
be effective, thereby allowing producers the chance to adjust their 
production decisions accordingly.
    Pursuant to authority in Sec. Sec.  985.50, 985.51, and 985.52 of 
the order, the full eight-member Committee met on October 19, 2016, and 
recommended salable quantities and allotment percentages for both 
classes of oil for the 2017-2018 marketing year. By a vote of 6-2, the 
Committee recommended the establishment of a salable quantity and 
allotment percentage for Scotch spearmint oil of 774,645 pounds and 36 
percent, respectively. The two Committee members that voted in 
opposition to the recommendation both supported volume regulation, but 
at higher levels than were proposed. They felt that a nearly 20 percent 
year-over-year reduction in the salable quantity and allotment 
percentage for Scotch spearmint oil was too severe.
    For Native spearmint oil, with a unanimous vote (7-0, with the 
public member abstaining), the Committee recommended the establishment 
of a salable quantity and allotment percentage of 1,075,051 pounds and 
44 percent, respectively. Pursuant to Sec.  985.29(a), seven members of 
the Committee constitute a quorum, and six concurring votes are 
required to pass a motion.
    This action would set the amount of Scotch and Native spearmint oil 
that handlers may purchase from, or handle on behalf of, producers 
during the 2017-2018 marketing year, which begins on June 1, 2017. 
Salable quantities and allotment percentages have been placed into 
effect each season since the order's inception in 1980.

Class 1 (Scotch) Spearmint Oil

    As noted above, the Committee recommended a salable quantity of 
Scotch spearmint oil of 774,645 pounds and an allotment percentage of 
36 percent for the upcoming 2017-2018 marketing year. To arrive at 
these recommendations, the Committee utilized 2017-2018 sales estimates 
for Scotch spearmint oil, as provided by several of the industry 
handlers, historical and current Scotch spearmint oil production, 
inventory statistics, and international market data obtained from 
consultants for the spearmint oil industry.
    The trade demand estimate for Far West Scotch spearmint oil was 
revised during the 2016-2017 marketing year from an initial estimate of 
900,000 pounds to the current estimate of 950,000 pounds. Trade demand 
is expected to decrease from the 950,000 pounds anticipated in the 
2016-2017 marketing year to 925,000 pounds in the 2017-2018 marketing 
year. Industry reports indicate that the decreased trade demand 
estimate is the result of decreased consumer demand for spearmint-
flavored products, especially chewing gum in China and India, as fruit 
flavors are becoming preferential to consumers. In addition, better 
than expected production of spearmint oil in competing markets, most 
notably Canada and the U.S. Midwest, have also factored into the 
Committee's assessment of the market.
    Production of Far West Scotch spearmint oil declined from 1,229,258 
pounds in 2015 to an estimated 1,113,346 pounds in 2016. Production 
over the last three seasons has exceeded sales, leading to a gradual 
build in the salable carry-in of Scotch spearmint oil. Scotch spearmint 
oil held in the reserve pool, which was completely depleted at the 
beginning of the 2014-2015 marketing year, has also been gradually 
increasing over the past three years.
    Carry-in represents the amount of salable spearmint oil produced, 
but not marketed, in a previous year or years that is available for 
sale in the current year under a previous year's annual allotment. 
Under volume regulation, spearmint oil that is designated as salable 
continues to be available to the market until it is sold and may be 
marketed at any time at the discretion of the owner. Spearmint oil held 
in reserve, however, is spearmint oil that has been produced in excess 
of a producer's marketing year allotment that can only be released into 
the market under certain circumstances.
    Salable carry-in is the primary measure of excess spearmint oil 
supply under the order as it represents overproduction in prior years 
that is currently available to the market without restriction. 
Spearmint oil held in the reserve pool is a lesser indicator of excess 
supply, as it is spearmint oil that is not available to the market in 
the current marketing year without an increase in the salable quantity 
and allotment percentage.
    The Committee estimates that there will be 174,507 pounds of 
salable carry-in of Scotch spearmint oil on June 1, 2017. If correct, 
this figure would be up 8,739 pounds from the 165,768 pounds carried in 
the previous year on June 1, 2016. The Committee estimates that salable 
carry-in will decrease to 24,152 pounds at the beginning of the 2018-
2019 marketing year, if current market conditions and projections are 
maintained.
    This anticipated level of carry-in (24,152 pounds) would be below 
the quantity that the Committee considers favorable (generally 150,000 
pounds). However, the Committee believes that this lower salable carry-
in is manageable given the strong production of spearmint in the 
current marketing year and the quantity of Scotch spearmint oil held in 
the reserve pool that could be released into the market if the industry 
experiences an unexpected increase in demand.
    The Committee reported that there was 15,937 pounds of Scotch 
spearmint oil held in the reserve pool as of May 31, 2016. The 
Committee expects the reserve pool to increase to 204,691 pounds by May 
31, 2017. This quantity of reserve oil should be an adequate buffer to 
supply the market if necessary.
    The Committee estimates the total available supply of Scotch oil 
for the 2017-2018 marketing year to be 949,152 pounds (174,507 pounds 
of estimated carry-in plus 774,645 pounds of recommended salable 
quantity). The 2017-2018 Scotch spearmint oil salable quantity of 
774,645 pounds recommended by the Committee represents a decrease of 
184,066 pounds from the salable quantity established the previous 
marketing year (958,711 pounds).
    The Committee estimates the 2017-2018 marketing year trade demand 
for Scotch spearmint oil at 925,000 pounds. As stated previously, the 
Committee expects that there will be 174,507 pounds of available carry-
in of Scotch spearmint oil on June 1, 2017. That carry-in, when 
combined with the recommended 2017-2018 marketing year salable quantity 
of 774,645 pounds, would result in a total supply of 949,152

[[Page 16003]]

pounds of Scotch spearmint oil for the 2017-2018 marketing year. This 
quantity of Scotch spearmint oil is expected to fully satisfy estimated 
market demand of 925,000 pounds and is estimated to leave 24,152 pounds 
as carry-out for the 2017-2018 marketing year to be used as carry-in 
for the 2018-2019 marketing year.
    The Committee's stated intent in the use of marketing order volume 
regulation provisions for Scotch spearmint oil is to keep adequate 
supplies available to meet market needs and maintain orderly marketing 
conditions. The recommended salable quantity of Scotch spearmint oil 
for the upcoming marketing year is less than the salable quantity 
established for the previous year. Even so, the Committee expects that 
the market will be fully supplied for the 2017-2018 marketing year.
    The Committee believes that the recommended salable quantity would 
adequately meet demand, as well as result in a reasonable carry-in for 
the following year. The Committee developed its recommendation for the 
proposed Scotch spearmint oil salable quantity and allotment percentage 
for the 2017-2018 marketing year based on the information discussed 
above, as well as the computational data outlined below.
    (A) Estimated carry-in of Scotch spearmint oil on June 1, 2017: 
174,507 pounds. This figure is the difference between the revised 2016-
2017 marketing year total available supply of 1,124,507 pounds and the 
revised 2016-2017 marketing year estimated trade demand of 950,000 
pounds.
    (B) Estimated trade demand of Scotch spearmint oil for the 2017-
2018 marketing year: 925,000 pounds. This figure was established at the 
Committee meeting held on October 19, 2016. The average estimated trade 
demand derived from six production area producer meetings held prior to 
the main meeting on October 19, 2016, was 960,400, which is 8,000 
pounds more than the average of trade demand estimates submitted by 
handlers (952,400 pounds). Far West Scotch spearmint oil sales have 
averaged 1,021,786 pounds per year over the last three years, and 
987,639 pounds over the last five years. Given the anticipated market 
conditions for the coming year, the Committee decided it was prudent to 
anticipate the lower trade demand at 925,000 pounds. Should the 
initially established volume regulation levels prove insufficient to 
adequately supply the market, the Committee has the authority to 
recommend intra-seasonal increases, as were undertaken in the 2014-2015 
marketing year and several other previous marketing years.
    (C) Salable quantity of Scotch spearmint oil required from the 
2017-2018 marketing year production: 750,493 pounds. This figure is the 
difference between the estimated 2017-2018 marketing year trade demand 
(925,000 pounds) and the estimated carry-in on June 1, 2017 (174,507 
pounds). This salable quantity represents the minimum amount of Scotch 
spearmint oil that may be needed to satisfy estimated demand for the 
coming year.
    (D) Total estimated allotment base of Scotch spearmint oil for the 
2017-2018 marketing year: 2,151,792 pounds. This figure represents a 
one-percent increase over the 2016-2017 total allotment base of 
2,130,487 pounds as prescribed by the order under Sec.  985.53(d)(1). 
The one-percent increase equals 21,305 pounds of Scotch spearmint oil. 
This total estimated allotment base is generally revised each year on 
June 1 due to producer base being lost because of the bona fide effort 
production provisions of Sec.  985.53(e). The adjustment is usually 
minimal.
    (E) Computed Scotch spearmint oil allotment percentage for the 
2017-2018 marketing year: 34.9 percent. This percentage is computed by 
dividing the minimum required salable quantity (750,493 pounds) by the 
total estimated allotment base (2,151,792 pounds).
    (F) Recommended Scotch spearmint oil allotment percentage for the 
2017-2018 marketing year: 36 percent. This is the Committee's 
recommendation and is based on the computed allotment percentage (34.9 
percent), and input from producers and handlers at the October 19, 
2016, meeting. The recommended 36 percent allotment percentage reflects 
the Committee's belief that the computed percentage (34.9 percent) may 
not adequately supply the potential 2017-2018 Scotch spearmint oil 
market demand.
    (G) Recommended Scotch spearmint oil salable quantity for the 2017-
2018 marketing year: 774,645 pounds. This figure is the product of the 
recommended salable allotment percentage (36 percent) and the total 
estimated allotment base (2,151,792 pounds) for the 2017-2018 marketing 
year.
    (H) Estimated total available supply of Scotch spearmint oil for 
the 2017-2018 marketing year: 949,152 pounds. This figure is the sum of 
the 2017-2018 recommended salable quantity (774,645 pounds) and the 
estimated carry-in on June 1, 2017 (174,507 pounds).

Class 3 (Native) Spearmint Oil

    The Committee also recommended a 2017-2018 Native spearmint oil 
salable quantity of 1,075,051 pounds and an allotment percentage of 44 
percent at the October 19, 2016, meeting. These figures represent a 
decrease of 134,495 pounds and 6 percent, respectively, from the 
salable quantity and allotment percentage established for the previous 
marketing year. To formulate this recommendation, the Committee 
utilized Native spearmint oil sales estimates for the 2017-2018 
marketing year, as provided by several of the industry's handlers, as 
well as historical and current Native spearmint oil market statistics.
    The Committee estimates that there will be 1,094,659 pounds of 
Native spearmint oil in the reserve pool on June 1, 2017. This figure, 
which is the excess Native spearmint oil production held in reserve by 
producers, is 499,305 pounds higher than the reserve pool held by 
producers on June 1, 2016. This would be the highest reserve pool level 
since 2004. Reserve pool levels of Native spearmint oil had been slowly 
moving toward the level that the Committee believes is optimal for the 
industry prior to the increases experienced in 2015 and 2016. The large 
year-over-year increase in Native spearmint oil held in reserve (84 
percent) is the result of substantially increased production and only 
moderately increased industry trade demand.
    Far West Native spearmint oil production was estimated at 1,510,936 
pounds in 2015, compared to 1,694,684 pounds estimated for 2016. 
Although total estimated acres of Native spearmint production decreased 
by 164 acres, yield per acre has risen from 145.8 in 2015 to 166.2 
pounds per acre this year. Conversely, sales of Native spearmint oil, 
which were increasing at about a 4 percent rate from 2009 to 2014, 
dropped by 12 percent for the 2015-2016 marketing year.
    Despite Committee statistics that indicate a sharp drop for Far 
West Native spearmint oil sales from the previous marketing year (2015-
2016), monthly sales, to date, for the 2016-2017 marketing year have 
been moderately stronger. The Committee expects this trend to continue, 
even as imports of spearmint oil are also rising. Canada more than 
doubled its shipments of spearmint oil into the U.S. market from 2014 
to 2015, and Chinese shipments are up 14 percent over the same period. 
While it is a common practice for buyers to mix U.S. and foreign-
produced oils to create a final

[[Page 16004]]

product with a certain flavor profile, the greatest percentage of oil 
in those blends continues to be from the Far West. The Committee and 
the industry expect that practice to continue into the future.
    One exception to the rising trend in spearmint oil imports, India 
has reduced shipments over the last two years. Recent reports used by 
the Committee indicate that spearmint oil produced in India is 
improving in quality, yet decreasing in acreage. Indian spearmint oil 
is increasingly regarded as an alternative to high quality, Far West 
Native spearmint oil, but production problems have limited its 
importation into the U.S. market. As a result, imports from India, 
while still in demand, decreased in the past year. However, spearmint 
oil from India may return as a major threat to the Far West Native 
spearmint oil industry's domestic market share in the future.
    One of the factors considered by the Committee when it estimated 
trade demand was that sales of mint products, both domestically and 
abroad, have slowed down. This is largely the result of slowing 
economies in Europe and Asia. In addition, demand is expected to be 
impacted by the purchasing patterns of end users. Over the last several 
years, end users may have been building reserve stocks of Far West oil 
when prices were low as a hedge against future price increases. End 
users of spearmint oil are expected to continue to rely on Far West 
production as their main source of high quality Native spearmint oil, 
but demand may be at lower quantities moving forward in response to the 
current market factors. However, Committee members remain optimistic 
that demand will rise again in the long term.
    As such, spearmint oil handlers, who regularly help predict trade 
demand for Far West Native spearmint oil, estimate demand to range 
between 1,300,000 and 1,400,000 pounds (with an average of 1,320,000 
pounds) for the 2017-2018 marketing year. This estimate is the same as 
the estimate for the previous year. The Committee used the handlers' 
input when it estimated 2017-2018 marketing year Native spearmint oil 
trade demand to be 1,250,000 pounds. This figure is 25,000 pounds less 
than the figure used in the previous marketing year and approximately 
75,000 pounds below the 3-year average sales figure (1,324,560 pounds).
    The estimated carry-in of 189,820 pounds of Native spearmint oil on 
June 1, 2017, in conjunction with the Committee recommended salable 
quantity of 1,075,051 pounds, would result in an estimated total 
available supply of 1,264,871 pounds of Native spearmint oil during the 
2017-2018 marketing year. With estimated trade demand of 1,250,000 
pounds for the 2017-2018 marketing year, the Committee projects that 
14,871 pounds of Native spearmint oil will be carried into the 2018-
2019 marketing year, a reduction of 174,909 pounds from the estimated 
2017-2018 marketing year carry-in. The Committee estimates that there 
will be 1,094,659 pounds of Native spearmint oil held in the reserve 
pool at the beginning of the 2017-2018 marketing year. Should the 
industry experience an unexpected increase in trade demand during the 
2017-2018 marketing year, Native spearmint oil in the reserve pool 
could be released to satisfy that demand.
    The Committee's stated intent in the use of marketing order volume 
regulation provisions for Native spearmint oil is to keep adequate 
supplies available to meet market needs while maintaining orderly 
marketing conditions. With that in mind, the Committee developed its 
recommendation for the proposed Native spearmint oil salable quantity 
and allotment percentage for the 2017-2018 marketing year based on the 
information discussed above, as well as the data outlined below.
    (A) Estimated carry-in of Native spearmint oil on June 1, 2017: 
189,820 pounds. This figure is the difference between the revised 2016-
2017 marketing year total available supply of 1,430,820 pounds and the 
revised 2016-2017 marketing year estimated trade demand of 1,241,000 
pounds.
    (B) Estimated trade demand of Native spearmint oil for the 2017-
2018 marketing year: 1,250,000 pounds. This estimate was established by 
the Committee and is based on input from producers at six Native 
spearmint oil production area meetings held in mid-October 2016, as 
well as estimates provided by handlers and other meeting participants 
at the October 19, 2016, main meeting. This figure represents a 
decrease of 25,000 pounds from the previous year's estimate. The 
average estimated trade demand for Native spearmint oil from the six 
production area grower's meetings was 1,287,500 pounds, whereas the 
handlers' estimates ranged from 1,300,000 to 1,400,000 pounds. The 
average of Far West Native spearmint oil sales over the last three 
years is 1,324,560 pounds. However, the quantity marketed over the most 
recent full marketing year, 2015-2016, was 1,241,140 pounds. The 
Committee chose to be conservative in the establishment of its trade 
demand estimate for the 2017-2018 marketing year to avoid oversupplying 
the market in the face of increasing production.
    (C) Salable quantity of Native spearmint oil required from the 
2017-2018 marketing year production: 1,060,180 pounds. This figure is 
the difference between the estimated 2017-2018 marketing year estimated 
trade demand (1,250,000 pounds) and the estimated carry-in on June 1, 
2017 (189,820 pounds). This is the minimum amount of Native spearmint 
oil that the Committee believes would be required to meet the 
anticipated 2017-2018 marketing year trade demand.
    (D) Total estimated allotment base of Native spearmint oil for the 
2017-2018 marketing year: 2,443,297 pounds. This figure represents a 
one-percent increase over the 2016-2017 total allotment base of 
2,419,106 pounds as prescribed by the order in Sec.  985.53(d)(1). The 
one-percent increase equals 24,191 pounds of Native spearmint oil. This 
estimate is generally revised each year on June 1 due to producer base 
being lost because of the bona fide effort production provisions of 
Sec.  985.53(e). The revision is usually minimal.
    (E) Computed Native spearmint oil allotment percentage for the 
2017-2018 marketing year: 43.4 percent. This percentage is calculated 
by dividing the required salable quantity (1,060,180 pounds) by the 
total estimated allotment base (2,443,297 pounds) for the 2017-2018 
marketing year.
    (F) Recommended Native spearmint oil allotment percentage for the 
2017-2018 marketing year: 44 percent. This is the Committee's 
recommendation based on the computed allotment percentage (43.4 
percent), the average of the computed allotment percentage figures from 
the six production area meetings (46.7 percent), and input from 
producers and handlers at the October 19, 2016, meeting. The 
recommended 44 percent allotment percentage is also based on the 
Committee's belief that the computed percentage (43.4 percent) may not 
adequately supply the potential market for Native spearmint oil in the 
2017-2018 marketing year.
    (G) Recommended Native spearmint oil 2017-2018 marketing year 
salable quantity: 1,075,051 pounds. This figure is the product of the 
recommended allotment percentage (44 percent) and the total estimated 
allotment base (2,443,297 pounds).
    (H) Estimated available supply of Native spearmint oil for the 
2017-2018 marketing year: 1,264,871 pounds. This figure is the sum of 
the 2017-2018 recommended salable quantity (1,075,051 pounds) and the 
estimated carry-in on June 1, 2017 (189,820 pounds).

[[Page 16005]]

    Under volume regulation, the salable quantity is the total quantity 
of each class of spearmint oil that 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 774,645 pounds and 36 percent, 
and 1,075,051 pounds and 44 percent, respectively, are based on the 
goal of maintaining market stability. The Committee anticipates that 
this goal would be achieved by matching the available supply of each 
class of spearmint oil to the estimated demand of each, thus avoiding 
extreme fluctuations in inventories and prices.
    The salable quantities proposed in this rule 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 could be satisfied by an intra-seasonal increase in the 
salable quantity. The order contains a provision in Sec.  985.51 for 
intra-seasonal increases to allow the Committee the flexibility to 
respond quickly to changing market conditions.
    Under volume regulation, producers who produce more than their 
annual allotments during the marketing year may transfer such excess 
spearmint oil to producers who have produced less than their annual 
allotment. In addition, on December 1 of each year, producers that have 
not transferred their excess spearmint oil to other producers must 
place their excess spearmint oil production into the reserve pool to be 
released in the future in accordance with market needs and under the 
Committee's direction.
    This proposed action, if adopted, would be similar to regulations 
issued in prior seasons. The average initial allotment percentage for 
the five most recent marketing years for both Scotch and Native 
spearmint oil is 52.6 percent.
    In conjunction with the issuance of this proposed rule, USDA has 
reviewed the Committee's marketing policy statement for the 2017-2018 
marketing year. The Committee's marketing policy statement, a 
requirement whenever the Committee recommends volume regulation, fully 
meets the intent of Sec. Sec.  985.50 and 985.51 of the order.
    During its discussion of potential 2017-2018 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) 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. 
Conformity with USDA's ``Guidelines for Fruit, Vegetable, and Specialty 
Crop Marketing Orders'' has also been reviewed and confirmed.
    The establishment of the proposed salable quantities and allotment 
percentages would allow for anticipated market needs. In determining 
anticipated market needs, the Committee considered historical sales, as 
well as changes and trends in production and demand. This rule would 
also provide producers with information on the amount of spearmint oil 
that should be produced for the 2017 season in order to meet 
anticipated market demand.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), 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 
businesses 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 eight spearmint oil handlers subject to regulation under 
the order, approximately 41 producers of Scotch spearmint oil, and 
approximately 94 producers of Native spearmint oil in the regulated 
production area. Small agricultural service firms are defined by the 
Small Business Administration (SBA) as those having annual receipts of 
less than $7,500,000, and small agricultural producers are defined as 
those having annual receipts of less than $750,000 (13 CFR 121.201).
    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 12 of the 41 Scotch spearmint oil producers and 31 of 
the 94 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.
    This proposed rule would establish the quantity of spearmint oil 
produced in the Far West, by class, which handlers may purchase from, 
or handle on behalf of, producers during the 2017-2018 marketing year. 
The Committee recommended this rule to help maintain stability in the 
spearmint oil market by matching supply to estimated demand, thereby 
avoiding extreme fluctuations in supplies and prices. Establishing 
quantities that may be purchased or handled during the marketing year 
through volume regulations allows producers to coordinate their 
spearmint oil production with the expected market demand. Authority for 
this action is provided in Sec. Sec.  985.50, 985.51, and 985.52 of the 
order.
    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 producer 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 purposes of weed, insect, and 
disease control. To remain economically viable with the added costs 
associated with spearmint oil production, a majority of spearmint oil 
producing farms fall into the SBA category of large businesses.
    Small spearmint oil producers generally are not as extensively 
diversified as larger ones and, as such, are more at risk from market 
fluctuations. Such small producers generally need to market their 
entire annual production of spearmint oil and are not financially able 
to hold spearmint oil for sale in future years. In addition, small 
producers generally do not have a large assortment of other

[[Page 16006]]

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 income 
from alternate crops could support their operation for a period of 
time. Reasonable assurance of a stable price and market provides all 
producing entities with the ability to maintain proper cash flow and to 
meet annual expenses.
    Costs to producers and handlers, large and small, resulting from 
this rules are expected to be offset by the benefits derived from a 
more stable market and increased returns. The benefits of this rule are 
expected to be equally available to all producers and handlers 
regardless of their size.
    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 season to season tend to 
be larger than fluctuations in the amount purchased by handlers. 
Historically, demand for spearmint oil tends to change slowly from year 
to year.
    Demand for spearmint oil at the farm level is derived from retail 
demand for spearmint-flavored products such as chewing gum, toothpaste, 
and mouthwash. The manufacturers of these products are by far the 
largest users of spearmint 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 little impact on the retail 
prices for those goods.
    In 2013, 2014, and 2015, the Committee set salable percentages at 
levels that resulted in most, if not all, of the spearmint oil 
production being made available to the market. This was in response to 
the increased demand for spearmint oil from the Far West due to 
increased utilization by end users and the reduced supply of spearmint 
oil coming from other production areas, both domestic and foreign.
    Although there is still strong demand for spearmint oil, competing 
areas (mainly Canada) have experienced better than expected production 
in 2015 and 2016, and will create some marketing pressure for spearmint 
oil from the Far West. In addition, the slowing of international 
markets for spearmint-flavored products has negatively impacted the 
demand for domestically produced spearmint oil. Thus, the lower salable 
quantities and allotment percentages recommended by the Committee for 
the 2017-2018 marketing year are intended to be responsive to the 
changing environment of the spearmint oil market.
    In the late 1990s, the Committee recommended higher than normal 
salable quantities and allotment percentages in hopes of gaining market 
share. This approach did not work, and in the following years, the 
salable quantities and allotment percentages were established at lower 
levels in order to reduce the excess spearmint oil production and 
resulting build-up of inventory. In order to avoid a similar scenario 
moving forward, the Committee, relying heavily on the information 
provided to them by spearmint oil handlers during the October 19, 2016, 
meeting, ultimately recommended reducing the 2017-2018 marketing year 
salable quantities and allotment percentages from the previous year to 
better align the available supply with market demand.
    The Committee reported that recent producer prices for spearmint 
oil are $16.50 to $18.00 per pound. Average producer prices for all 
types of spearmint oil for 2013 through 2015 were $18.79, $19.21, and 
$18.32, respectively. These are computed price averages for Washington, 
Oregon, and Idaho combined, based on NASS data.
    Spearmint oil production tends to be cyclical. Prior to the 
inception of the marketing order in 1980, extreme variability in 
producer prices was common. For example, the season average producer 
price for Washington Native spearmint oil in 1971 was $3.00 per pound. 
By 1975, the producer price had risen to $11.00 per pound, an increase 
of over 260% in just four years. Such fluctuations were not unusual in 
the spearmint oil industry in the years leading up to the promulgation 
of the order. For most producers, this was an untenable situation. 
Years of relatively high spearmint oil production, with demand 
remaining relatively stable, led to periods in which large producer 
stocks of unsold spearmint oil depressed producer prices. Shortages and 
high prices followed in subsequent years, as producers responded to 
price signals by cutting back production.
    After establishment of the order, the supply and price variability 
in the spearmint oil market moderated. During the 25-year period from 
1982 to 2006, the season average producer price for Native spearmint 
oil ranged from a high of $11.10 to a low of $9.00 per pound, or a 
difference of 23 percent. No change in producer price from one year to 
the next during this period was more than $1.00 per pound. This is a 
remarkable record of price stability. From 2006 to 2008, when 
production contracts tied to input costs were prevalent in the 
industry, the annual average Native producer price jumped by $3.80 per 
pound. During this time period, prices for fuel, fertilizer, and labor 
increased dramatically, resulting in higher contracted producer prices 
and a concurrent increase in the overall season average producer price 
for the industry.
    The significant variability of the spearmint oil market is 
illustrated by the fact that the coefficient of variation, or CV (a 
standard measure of variability), of Far West spearmint oil producer 
prices for the period 1980-2015 (when the marketing order was in 
effect) is 24 percent, compared to 36 percent for the decade prior to 
the promulgation of the order (1970-79) and 49 percent for the prior 
20-year period (1960-79). The coefficient of variation, as presented 
herein, was calculated by USDA from information provided by the 
Committee and NASS. This analysis provides an indication of the price 
stabilizing impact of the marketing order as higher CV values 
correspond to greater variability.
    Based on NASS data, production in the shortest marketing year since 
the establishment of the order was about 47 percent of the 36-year 
average (1.96 million pounds from 1980 through 2015). The largest crop 
was approximately 157 percent of the 36-year average. 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).
    The wide fluctuations in supply and prices that result from the 
cyclical nature of the spearmint oil industry, which were even more 
pronounced before the creation of the order, can create liquidity 
problems for some producers. The 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 
increases to production costs. While prices for spearmint oil have been 
relatively steady, the cost of production has increased to the extent 
that plans to plant spearmint may be postponed or vacated indefinitely. 
Producers may also be enticed by the prices of alternative crops and 
their lower cost of production.
    In an effort to stabilize prices, the spearmint oil industry uses 
the volume regulation 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

[[Page 16007]]

marketing year. The salable quantity for each class of oil is the total 
volume of spearmint oil produced in a marketing year that producers may 
sell during that same 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. This is calculated by 
multiplying the producer's allotment base by the applicable allotment 
percentage. This is the amount of oil of each applicable class that the 
producer can market under the order.
    By December 1 of each year, the Committee identifies any oil that 
individual producers have produced above the volume specified on annual 
allotment certificates. Prior to December 1, such excess oil can be 
transferred to another producer to fill a deficiency in that producer's 
annual allotment as provided for in Sec.  985.156(a).
    The order allows limited quantities of excess oil to be sold by one 
producer to another producer to fill production deficiencies during a 
marketing year. A deficiency occurs when on-farm production is less 
than a producer's annual allotment. When a producer has a deficiency, 
the producer may utilize their own reserve pool oil to fill that 
deficiency, or excess production (production of spearmint oil in excess 
of the producer's annual allotment) from another producer may also be 
secured to fill the deficiency. As mentioned previously, all of these 
provisions need to be exercised prior to December 1 of each year.
    Excess spearmint oil not transferred to another producer to fill a 
deficiency is held in storage and, on December 1, is added to the 
reserve pool administered by the Committee pursuant to Sec.  985.157. 
The Committee maintains the reserve pool for each class of spearmint 
oil. Once spearmint oil is placed in the reserve pool, such spearmint 
oil cannot enter the market during that marketing year unless USDA 
approves a Committee recommendation to increase the salable quantity 
and allotment percentage for a certain class of oil, subsequently 
making a portion of the reserve pool of that class of spearmint oil 
available to the market. Without an increase in the salable quantity 
and allotment percentage, spearmint oil placed in the reserve pool 
cannot be removed from the reserve pool and marketed in the marketing 
year in which it is initially placed in the reserve pool. However, 
producers may dispose of reserve spearmint oil from their own 
production, and held in their own account, under certain provisions in 
subsequent marketing years under the supervision of the Committee.
    While the Committee administers the reserve pool of spearmint oil, 
ownership and physical possession of spearmint oil held in reserve does 
not transfer to the Committee. The Committee accounts for, and controls 
the release of, reserve spearmint oil but does not take title to, or 
dispose of, any such oil of its own accord or for its own benefit. 
Producers, at their sole discretion, make the decisions regarding the 
disposition of oil held in the reserve pool under any one of three 
possible mechanisms.
    Section 985.57(b) details the conditions under which a producer may 
dispose of their reserve pool spearmint oil. First, producers may 
utilize reserve oil from their own production to fill intra-seasonal 
increases in the allotment percentage and salable quantity. Second, 
producers may fill an ensuing year's annual allotment from spearmint 
oil held in the reserve pool. Lastly, producers may exchange salable 
oil of the same class and quantity of reserve oil from their own 
production to rotate stock, so long as the Committee is properly 
notified and the oil is properly identified.
    In any given year, the total available supply of spearmint oil is 
composed of current production plus salable carryover 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 salable spearmint oil to carry over into the 
subsequent marketing year. If the industry has production in excess of 
the salable quantity, the reserve pool absorbs the surplus quantity of 
spearmint oil, thereby withholding it from the market, unless such oil 
is needed to fill unanticipated intra-seasonal increases in demand. In 
this way, excess spearmint oil is not allowed to oversupply the market 
and create price instability. Likewise, if production is insufficient 
in any given year to fully supply the market with spearmint oil, the 
reserve pool oil can be released to satisfy the market demand until 
production can be increased.
    Therefore, under its provisions, the order may attempt to stabilize 
prices by (1) regulating 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. Reserve pool stocks, which increase in 
high production years, are drawn down in years where the crop is short.
    An econometric model generated by USDA was used to assess the 
impact that volume regulation has on the prices producers receive for 
their commodity. Without volume regulation, spearmint oil markets would 
likely be over-supplied. This could result 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 regulation.
    The Committee estimated trade demand for the 2017-2018 marketing 
year for both classes of oil at 2,175,000 pounds, and that the expected 
combined salable carry-in will be 364,327 pounds. This results in a 
combined required salable quantity of 1,810,673 pounds (2,175,000 
pounds of total trade demand less 364,327 pounds of total carry-in) for 
the 2017-2018 marketing year. Under volume regulation, total sales of 
spearmint oil by producers for the 2017-2018 marketing year would be 
held to 2,214,023 pounds (the recommended salable quantity for both 
classes of spearmint oil of 1,849,696 pounds plus 364,327 pounds of 
carry-in). This total available supply of 2,214,023 pounds should be 
more than adequate to supply the 2,175,000 pounds of anticipated total 
trade demand for spearmint oil. In addition, as of June 1, 2016, the 
total reserve pool for both classes of spearmint oil stood at 611,331 
pounds. Furthermore, that quantity is expected to rise over the course 
of the 2016-2017 marketing year. Should trade demand increase 
unexpectedly during the 2017-2018 marketing year, reserve pool 
spearmint oil could be released into the market to supply that increase 
in demand.
    The recommended allotment percentages, upon which 2017-2018 
producer allotments are based, are 36 percent for Scotch spearmint oil 
and 44 percent for Native spearmint oil. Without volume regulation, 
producers would not be held to these allotment levels, and could 
produce and sell an unrestricted quantity of spearmint oil. The USDA 
econometric model estimated that the season average producer price per 
pound (from both classes of spearmint oil) would decline about $2.45 
per pound as a result of the higher quantities of spearmint oil that 
would be produced and marketed without volume regulation. The surplus 
situation for the spearmint oil market that would exist without volume 
regulation in 2017-2018 also would likely dampen prospects for improved

[[Page 16008]]

producer prices in future years because of the buildup in stocks.
    The use of volume regulation allows the industry to fully supply 
spearmint oil markets while avoiding the negative consequences of over-
supplying these markets. The use of volume regulation is believed to 
have little or no effect on consumer prices of products containing 
spearmint oil and would 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 not regulating any volume for both 
classes of spearmint oil because of the severe price-depressing effects 
that would likely occur without volume regulation. The alternative to 
establish salable quantities and allotment percentages at the 2016-2017 
marketing year's levels was discussed, but not put to any motion, for 
both classes of oil. The Committee also discussed and considered 
salable quantities and allotment percentages that were above and below 
the levels that were ultimately recommended for Scotch spearmint oil. 
Ultimately, the action taken by the Committee was to decrease the 
salable quantities and allotment percentages for both Class 1 and Class 
3 spearmint oil from the current 2016-2017 marketing year levels.
    As noted earlier, the Committee's recommendation to establish 
salable quantities and allotment percentages for both classes of 
spearmint oil was made 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 
quantities and allotment percentages recommended would achieve the 
objectives sought. The Committee also believes that, should there be no 
volume regulation in effect for the upcoming marketing year, the Far 
West spearmint oil industry would return to the pronounced cyclical 
price patterns that occurred prior to the promulgation of the order. As 
previously stated, annual salable quantities and allotment percentages 
have been issued for both classes of spearmint oil since the order's 
inception. The salable quantities and allotment percentages proposed 
herein are expected to facilitate the goal of maintaining orderly 
marketing conditions for Far West spearmint oil for the 2017-2018 and 
future marketing years.
    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, Specialty Crops Program. No changes are 
necessary in those requirements as a result of this action. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This proposed rule would establish the salable quantities and 
allotment percentages for Class 1 (Scotch) spearmint oil and Class 3 
(Native) spearmint oil produced in the Far West during the 2017-2018 
marketing year. Accordingly, this action would not impose any 
additional reporting or recordkeeping requirements on either small or 
large spearmint oil producers or 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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this proposed rule.
    In addition, 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 on all issues. Like all Committee meetings, the October 
19, 2016, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue. Finally, interested 
persons are invited to submit comments on this proposed rule, including 
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/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty days is deemed appropriate because 
handlers are aware of this action, which was recommended by the 
committee at a public meeting. In addition, this proposed rule would 
need to be in place as soon as possible since producers will begin 
planting spearmint root stock as early as February, 2017 and need 
adequate time to decide which class and how much spearmint to grow. All 
written comments timely received 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

0
1. The authority citation for 7 CFR part 985 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

0
2. A new Sec.  985.236 is added to read as follows:


Sec.  985.236  Salable quantities and allotment percentages--2017-2018 
marketing year.

    The salable quantity and allotment percentage for each class of 
spearmint oil during the marketing year beginning on June 1, 2017, 
shall be as follows:
    (a) Class 1 (Scotch) oil--a salable quantity of 774,645 pounds and 
an allotment percentage of 36 percent.
    (b) Class 3 (Native) oil--a salable quantity of 1,075,051 pounds 
and an allotment percentage of 44 percent.

    Dated: March 27, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-06335 Filed 3-30-17; 8:45 am]
BILLING CODE 3410-02-P