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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations
iii Form, type, number of units.
10 List of repacks and remanufactures during the reporting period including:
i Form, type, and number of units of source products; and ii Form, type, and number of units of end products.
b The amount of inventory for each product over 5 years old shall be reported annually on the sales and inventory report for the reporting period ending May 31. Product age is based on the crop year in which the current product was processed or remanufactured.
Erin Morris, Associate Administrator, Agricultural Marketing Service.
FR Doc. 202127579 Filed 122021; 8:45 am BILLING CODE P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
Document Number AMSSC200100

Peanut Promotion, Research, and Information Order; Increase the Threshold of the Primary PeanutProducing States and Adjustment of Membership Agricultural Marketing Service, Department of Agriculture USDA.
ACTION: Final rule.
AGENCY:

This rule changes the threshold for defining primary peanutproducing 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, the Boards membership will decrease from 13 to 12
members and their respective alternates.
This change will contribute to effective administration of the program.
DATES: Effective January 20, 2022.
FOR FURTHER INFORMATION CONTACT:
Victoria M. Carpenter, Marketing Specialist, Mid Atlantic Branch, Market Development Division, Specialty Crops Program, AMS, USDA, Stop 0244, 1400
Independence Avenue SW, Room 1406
S, Washington, DC 202500244;
Telephone: 202 7206930; or Email:
VictoriaM.Carpenter@usda.gov.

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SUMMARY:

17:14 Dec 20, 2021

Executive Orders 12866 and 13563
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

7 CFR Part 1216

VerDate Sep<11>2014

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

SUPPLEMENTARY INFORMATION:

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This action has been reviewed in accordance with requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The Agricultural Marketing Service AMS has assessed the impact of this rule on Indian tribes and determined that this rule will 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 changes to regulations were shared during a recent quarterly call, and tribal leaders were informed about the revisions to the regulation and had the opportunity to submit comments. AMS will continue to work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided as needed with regards to this change to the Order.
Executive Order 12988
This rule 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.

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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 rule will increase 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 will 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 and to develop, maintain, and expand the demand for peanuts in the United States. Under the program, assessments are levied on all farmers stock peanuts sold at a rate of $3.55 per ton for Segregation 1 peanuts, and $1.25 per ton for Segregation 2 peanuts and 3 peanuts, as those terms are defined in 7 CFR
996.13b through d. Assessments are remitted to the Board by handlers and, for peanuts under loan, by the Commodity Credit Corporation.
The Order defines the terms minor peanut-producing states and primary peanut-producing states for purposes of Board representation and voting at meetings. According to USDA, FederalState Inspection Service, National Peanut Tonnage Reports, there are 13
peanut-producing states, which include:
Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma,
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