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Rules and Regulations Federal Register

34687 

Vol. 74, No. 136 

Friday, July 17, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1216 

[Doc. No. AMS–FV–08–0110; FV–08–704] 

Peanut Promotion, Research, and 

Information Order; Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This document summarizes 

the results of an Agricultural Marketing 

Service (AMS) review of the Peanut 

Promotion, Research, and Information 

Order (Order), under the criteria 

contained in Section 610 of the 

Regulatory Flexibility Act. Based upon 

its review, AMS has determined that the 

Peanut Promotion, Research, and 

Information Order should be continued 

without change. 

ADDRESSES: Interested persons may 

obtain a copy of the review on the 

Internet at: http://www.regulations.gov 

or requests for copies can be sent to the 

Docket Clerk, Research and Promotion 

Branch, Fruit and Vegetable Programs, 

Agricultural Marketing Service, U.S. 

Department of Agriculture, 

(Department) Room 0632–S, Stop 0244, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; facsimile: 

(202) 205–2800 or electronic mail: 

Jeanette. Palmer@ams.usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture, Stop 0244, 1400 

Independence Avenue, SW., Room 

0632–S, Washington, DC 20250–0244; 

telephone: (888) 720–9917; facsimile: 

(202) 205–2800; or electronic mail: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Commodity Promotion, Research, and 

Information Act of 1996, (7 U.S.C. 7411– 

7425) authorized the Peanut Promotion, 

Research, and Information Order (7 CFR 

part 1216) which is administered by the 

National Peanut Board, with oversight 

by the Department. The Order’s 

objective is to carry out an effective, 

continuous, and coordinated program of 

promotion, research, and information 

designed to strengthen peanuts’ 

competitive position, and to maintain 

and expand the domestic market for 

peanuts. 

The Order became effective on July 

30, 1999. The program is funded by a 

mandatory assessment on all peanut 

producers at the rate of one percent of 

the total value of all farmers stock 

peanuts. The first handler collects from 

each peanut producer and pays 

assessments to the Board on all peanuts 

handled. For peanuts placed under a 

marketing assistance loan with the 

Department’s Commodity Credit 

Corporation, the Commodity Credit 

Corporation will deduct and remit to the 

Board, from the proceeds of the loan 

paid to the peanut producer, one 

percent of the loan value of the peanuts 

as determined by the warehouse receipt 

accompanying such peanuts. 

The Order is administered by the 

National Peanut Board, which is 

composed of 11 producer members and 

their alternates: one member and 

alternate from each primary peanut 

producing State (Alabama, Florida, 

Georgia, Mississippi, New Mexico, 

North Carolina, Oklahoma, South 

Carolina, Texas, and Virginia) and one 

at-large member and alternate 

collectively from the minor peanut 

producing States. The members and 

alternates are nominated by peanut 

producers or peanut producer groups. 

The producer and alternate members 

were appointed to the Board by the 

Secretary of Agriculture. All Board 

members serve a term of three years. 

The AMS published in the Federal 

Register on March 24, 2006, (71 FR 

14828) its plan to review certain 

regulations, including the Peanut 

Promotion, Research, and Information 

program, under criteria contained in 

section 610 of the Regulatory Flexibility 

Act (RFA; 5 U.S.C. 601–612). Because 

many AMS regulations impact small 

entities, AMS decided, as a matter of 

policy, to review certain regulations 

which, although they may not meet the 

threshold requirement under section 

610 of the RFA, warrant review. 

AMS published a notice of review and 

request for written comments in the 

Federal Register on April 3, 2009 (74 FR 

15226). The comment period ended on 

June 2, 2009. No written comments were 

received. 

Currently, there are approximately 

10,840 producers and 33 handlers of 

peanuts who are subject to the 

provisions of the Order. 

The review was undertaken to 

determine whether the Order should be 

continued without change, amended, or 

rescinded (consistent with the 

objectives of the Act) to minimize the 

impacts on small entities. AMS 

considered the following factors: (1) The 

continued need for the Order; (2) 

comments received from the public 

concerning the Order; (3) the 

complexity of the Order; (4) the extent 

to which the Order overlaps, duplicates, 

or conflicts with other Federal rules, 

and, to the extent feasible, with State 

and local regulations; and (5) the length 

of time since the Order has been 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the Order. 

AMS provides Federal oversight of 

the Peanut program. The Order is not 

unduly complex, and AMS has not 

identified any Federal rules, or State 

and local regulations that duplicate, 

overlap, or conflict with the Order. Over 

the years, regulation changes have been 

made to address industry operation 

changes and to improve program 

administration. The goal of these 

evaluations is to assure that the Order 

and the regulations implemented under 

it fit the needs of the industry and are 

consistent with the Act. 

Based upon its review, AMS has 

determined that the Order should be 

continued without change. AMS plans 

to continue working with the peanut 

industry in maintaining an effective 

program. 

Dated: July 14, 2009. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. E9–17030 Filed 7–16–09; 8:45 am] 

BILLING CODE 3410–02–P 


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