[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Proposed Rules]
[Page 15226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7475]


 ========================================================================
 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. 74, No. 63 / Friday, April 3, 2009 / Proposed 
Rules  

[[Page 15226]]



DEPARTMENT OF AGRICULTURE

Agriculture Marketing Service

7 CFR Part 1216

[Document Number AMS-FV-08-0110; FV-08-704]


Peanut Promotion, Research, and Information Order; Section 610 
Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of regulatory review and request for comments.

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SUMMARY: This document announces the Agricultural Marketing Service's 
(AMS) review of the Peanut Promotion, Research, and Information Order 
(Order), conducted under the Commodity Promotion, Research, and 
Information Act of 1996 (Act), under the criteria contained in Section 
610 of the Regulatory Flexibility Act (RFA).

DATES: Written comments on this document must be received by June 2, 
2009.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at: http://www.regulations.gov or to the 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. 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 above 
office during regular business hours or it can be viewed at http://www.regulations.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: [email protected].

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. According to the schedule published in 2006, this 
notice and request for comments is made for the Order.
    The purpose of the review is 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 
will consider the following factors: (1) The continued need for the 
Order; (2) the nature of complaints or 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.
    Written comments, views, opinions, and other information regarding 
the Order's impact on small businesses are invited.

    Authority:  7 U.S.C. 7411-7425; 7 U.S.C. 7401.

    Dated: March 30, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-7475 Filed 4-2-09; 8:45 am]
BILLING CODE 3410-02-P