[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Rules and Regulations]
[Page 34687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17030]



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  Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules 
and Regulations  

[[Page 34687]]



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.

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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: [email protected]">Jeanette.[email protected].

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]">Jeanette.[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.
    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]
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