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Proposed Rules
Federal Register Vol. 86, No. 164
Friday, August 27, 2021

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.

DEPARTMENT OF AGRICULTURE

Victoria M. Carpenter, Marketing Specialist, Promotion and Economics Division, Specialty Crop Program, AMS, USDA, Stop 0244, 1400 Independence Avenue SW, Room 1406S, Washington, DC 202500244; telephone: 202 720
6930; or electronic mail:
VictoriaM.Carpenter@usda.gov.

Agricultural Marketing Service
SUPPLEMENTARY INFORMATION:

This proposal affecting the Order 7 CFR part 1216 is authorized under the Commodity Promotion, Research, and Information Act of 1996 1996 Act 7
U.S.C. 74117425.

7 CFR Part 1216
Document Number AMSSC200100

Peanut Promotion, Research, and Information Order; Increase the Threshold of the Primary PeanutProducing States and Adjustment of Membership
Executive Orders 12866 and 13563

Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposal invites comments on increasing the threshold for defining primary peanut-producing states as states that maintain a 3-year average production of at least 20,000
tons of peanuts instead of 10,000 tons of peanuts as currently prescribed in the Peanut Promotion, Research, and Information Order Order. The Order is administered by the National Peanut Board Board with oversight by the U.S.
Department of Agriculture USDA. As a result of increasing the threshold, this proposal would decrease the Boards membership from 13 to 12 members and their respective alternates. This action would contribute to effective administration of the program.
DATES: Comments must be received by September 27, 2021.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. All comments must be submitted through the Federal e-rulemaking portal at:
http www.regulations.gov, and should reference the document number and date, and page number of this issue of the Federal Register. Comments submitted in response to this proposed rule will be included in the rulemaking record and will be made available to the public. Please be advised that the identity of individuals or entities submitting the comments will be made public on the internet at: http
www.regulations.gov.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

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Executive Orders 12866 and 13563
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.
Executive Order 13175
This action has been reviewed in accordance with requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. AMS has assessed the impact of this proposed rule on Indian tribes and determined that this rule would not have tribal implications that require consultation under Executive Order 13175. AMS hosts a quarterly teleconference with tribal leaders where matters of mutual interest regarding the marketing of agricultural products are discussed. Information about proposed changes to regulations will be shared during an upcoming quarterly call, and tribal leaders will be informed about proposed revisions to the regulation and the opportunity to submit comments.
AMS will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided as needed with regards to this change to the Order.

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Executive Order 12988
This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act 7 U.S.C. 7423 provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity.
Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Under section 519 of the 1996 Act 7
U.S.C. 7418, a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order.
Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996
Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDAs final ruling.
Background This proposed rule invites comments on increasing the threshold for defining primary peanut-producing states as states that maintain a 3-year average production of at least 20,000 tons of peanuts instead of 10,000 tons of peanuts as currently prescribed in the Order. This would help ensure that the Board reflects the peanut production in the United States. The Order is administered by the Board with oversight by USDA.
The Order became effective on July 30, 1999. Under the Order, the Board administers a nationally coordinated program of promotion, research and information designed to strengthen the position of peanuts in the marketplace
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