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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
pounds of anticipated total trade demand for spearmint oil. In addition, as of May 31, 2020, the total reserve pool for both classes of spearmint oil stood at 1,247,165 pounds. That quantity is expected to remain relatively unchanged over the course of the 2021
2022 marketing year, with current Committee reserve pool estimates totaling 1,366,673 pounds. Should trade demand increase unexpectedly during the 20212022 marketing year, reserve pool spearmint oil could be released into the market to supply that increase in demand.
The established allotment percentages, upon which 20212022
marketing year annual allotments are based, are 38 percent for Scotch spearmint oil and 37 percent for Native spearmint oil. Without volume regulation, producers will not be held to these allotment levels, and could sell unrestricted quantities of spearmint oil.
The USDA econometric model used to evaluate the Far West spearmint oil market estimated that the season average producer price per pound from both classes of spearmint oil would decline about $1.70 per pound without volume regulation. The surplus situation for the spearmint oil market that would exist without volume regulation in the 20212022 marketing year also would likely dampen prospects for improved producer prices in future years because of the excessive buildup in stocks.
In addition, the econometric model estimated that spearmint oil prices would fluctuate with greater amplitude in the absence of volume regulation.
The coefficient of variation, or CV a standard measure of variability, of Far West spearmint oil producer prices for the period 19802019 the years in which the Order has been in effect, is 25 percent, compared to 49 percent for the 20-year period 19601979
immediately prior to the establishment of the Order. Since higher CV values correspond to greater variability, this is an indicator of the price stabilizing impact of the Order.
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 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 rejected the idea of not regulating volume for either class of spearmint oil because of the severe,
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price-depressing effects that will likely occur without volume regulation. The Committee also discussed and considered salable quantities and allotment percentages that were above and below the levels that were ultimately recommended for both classes of spearmint oil. Ultimately, the action recommended by the Committee was to maintain the allotment percentage for Scotch spearmint oil which will slightly increase the salable quantity and to decrease both the salable quantity and allotment percentage for Native spearmint oil from the levels established for the 20202021
marketing year.
As noted earlier, the Committees 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 established in this rule will 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 will 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 Orders inception. The salable quantities and allotment percentages established herein are expected to facilitate the goal of maintaining orderly marketing conditions for Far West spearmint oil for the 20212022 and future marketing years.
Costs to producers and handlers, large and small, resulting from this action 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 sizes.

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In accordance with the Paperwork Reduction Act of 1995 44 U.S.C.
Chapter 35, the Orders information collection requirements have been previously approved by OMB and assigned OMB No. 05810178, Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this rule. Should any changes become necessary, they would be submitted to OMB for approval.
This rule establishes the salable quantities and allotment percentages for Scotch spearmint oil and Native spearmint oil produced in the Far West during the 20212022 marketing year.
Accordingly, this rule does 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule.
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.
A proposed rule concerning this action was published in the Federal Register on April 16, 2021 86 FR
20038. Copies of the proposed rule were also mailed or sent via email to all Far West spearmint oil handlers. The proposal was made available through the internet by USDA and the Office of the Federal Register. A 60-day comment period ending June 15, 2021, was provided for interested persons to respond to the proposal. No comments were received during the comment period. Accordingly, no changes will be made to the rule as proposed.
A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https
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.
After consideration of all relevant material presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act.

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