82 FR 24082 - Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States; Change to the Quality and Handling Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 100 (May 25, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 24082-24085 | |
| FR Document | 2017-10680 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Proposed Rules] [Pages 24082-24085] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10680] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 996 [Doc. No. AMS-SC-16-0102; SC16-996-3 PR] Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States; Change to the Quality and Handling Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would implement a recommendation from the Peanut Standards Board (Board) to revise the minimum quality and handling standards for domestic and imported peanuts marketed in the United States (Standards). The Board advises the Secretary of Agriculture regarding potential changes to the Standards and is comprised of producers and industry representatives. This action would relax the allowance for damaged kernels in farmers stock peanuts when determining segregation. This change would increase the allowance for damaged kernels under Segregation 1 from not more than 2.49 percent to not more than 3.49 percent. The requirements for Segregation 2 would also be adjusted to reflect this change. The Board recommended this change to align the incoming standards with recent changes to the outgoing quality standards and to help increase returns to producers. DATES: Comments must be received by June 26, 2017. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250- 0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this proposal will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the [[Page 24083]] comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Steven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3775, Fax: (863) 291-8614, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This proposed rule is issued pursuant to Public Law 107-171, the Farm Security and Rural Investment Act of 2002 (Act). The Standards regulate the quality and handling of domestic and imported peanuts marketed in the United States. Executive Orders 12866, 13563 and 13771 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 has been designated as a ``non-significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, this rule is not subject to review by the Office of Management and Budget (OMB). Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect and shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but is intended that all such statutes shall remain in full force and effect except in so far as they are inconsistent herewith or repugnant hereto (7 U.S.C. 587). There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. The Act requires that USDA take several actions with regard to peanuts marketed in the United States. These include ensuring mandatory inspection on all peanuts marketed in the United States; developing and implementing peanut quality and handling requirements; establishing the Board comprised of producers and industry representatives to advise USDA regarding the quality and handling requirements under the Standards; and modifying those quality and handling requirements when needed. USDA is required by the Act to consult with the Board prior to making any changes to the Standards. Pursuant to the Act, USDA has consulted with Board members in its review of the changes to the Standards included in this proposed rule. This proposed rule invites comments on a revision to relax the allowance for damaged kernels in farmers stock peanuts when determining segregation. The Board recommended changing the allowance for damaged kernels under Segregation 1 from not more than 2.49 percent to not more than 3.49 percent. The requirements for Segregation 2 would also be adjusted to reflect this change. The Board believes these changes would align the incoming standards with recent revisions to the outgoing quality standards and increase returns to producers. These changes were recommended by the Board at its meeting on September 1, 2016. The Standards establish minimum incoming and outgoing quality requirements for domestic and imported peanuts marketed in the United States. Section 996.8 defines incoming inspection as the sampling, inspection, and certification of farmers stock peanuts to determine segregation and grade quality. Section 996.13 of the Standards defines three levels of segregation for incoming farmers stock peanuts. Segregation 1 is currently defined as farmers stock peanuts with not more than 2.49 percent damaged kernels nor more than l.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible Aspergillus flavus. Segregation 2 is currently defined as farmers stock peanuts with more than 2.49 percent damaged kernels or more than l.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible Aspergillus flavus, and Segregation 3 is defined as farmers stock peanuts with visible Aspergillus flavus. Section 996.30 outlines the incoming quality standards, which specify that all farmers stock peanuts received by handlers shall be inspected and certified as to segregation and moisture content. Segregation 1 encompasses the majority of incoming farmers stock peanuts. Segregation 2 peanuts have historically constituted roughly one percent of the domestic crop. However, there has been a slight increase for the previous two years to 2.5 percent in 2014 and 3 percent for 2015. The fluctuation in the percentage of Segregation 2 peanuts is likely the result of weather conditions around harvest time. A group of several entities representing peanut producers wrote a letter to the Board requesting that the Board review the allowance for damaged kernels for farmers stock peanuts. In their letter, the producer groups stated they believe the loan value for Segregation 2 peanuts under the Farm Service Agency's marketing assistance loans program remains low. Even though changes in regulations and technology allow Segregation 2 peanuts to now be cleaned and resold at a higher market rate, there has been little change in the loan value for these peanuts. The letter further stated that should a farmer have their entire crop graded Segregation 2, it could be economically devastating. Therefore, the letter requested an increase in the allowance for damaged kernels for Segregation 1 from 2.49 to 3.49 percent, shifting more peanuts into the category of Segregation 1. The Board discussed this request at its September 1, 2016, meeting. In its discussion, the Board recognized the large difference between the loan rate for Segregation 1 and for Segregation 2 peanuts. The Board agreed that many Segregation 2 peanut lots can be cleaned-up to meet the outgoing quality standards with minimal cost involved. This allows a significant portion of the Segregation 2 peanuts purchased to be [[Page 24084]] utilized at a higher value after processing. There has been significant industry advancement in technology since the 2002 Farm Bill established the Standards. Before 2002, Segregation 2 peanuts had to be sent to a crusher and could not be reworked to meet the outgoing quality standards. In recent years, the improvements in technology have allowed the industry to utilize Segregation 2 peanuts and still meet outgoing quality standards. Further, recent changes to the outgoing quality standards relaxed the allowance for damaged kernels from 2.5 to 3.5 percent for kernels and for cleaned-inshell peanuts (81 FR 50283, published August 31, 2016). This relaxation made additional peanuts available for sale for human consumption. This proposed change would make a corresponding adjustment to the damage requirements for incoming peanuts. The change would relax the allowance for damaged kernels under the definition for Segregation 1 peanuts from 2.49 to 3.49 percent, which would shift a small portion of peanuts from Segregation 2 into the Segregation 1 category. The effect of this change on the overall quality of peanuts in the industry would be minimal. In considering this issue, the Board reviewed data from the National Center for Peanut Competitiveness. The data indicated that roughly one third of Segregation 2 farmers stock peanuts would be shifted into the Segregation 1 category under the proposed change. Since Segregation 2 historically composes approximately one percent of total farmers stock peanuts, this adjustment would represent a very small shift in overall volume. Therefore, the proposed change would have an insignificant impact on the composition of Segregation 1 peanuts. As the producer value of farmers stock peanuts is determined in part by the category of segregation, the segregation level determined during the incoming inspection impacts producer returns. If a producer experiences a shift in damage that moves their peanuts from a Segregation 1 to a Segregation 2, it can have a significant financial impact, especially for small producers. This change would benefit the industry by moving more peanuts into the Segregation 1 category. This should increase returns and help lower financial risk to producers by shifting more peanuts into the higher value Segregation 1 category. This change would also require increasing the Segregation 2 criteria from more than 2.49 percent to more than 3.49 percent damaged kernels. The Board recommended these changes, in part, to align the incoming standards with the recent changes that were made to the outgoing quality standards earlier this year. Further, the Board believes the 3.49 percent allowance for damaged kernels would represent an acceptable level of damage while maintaining quality peanuts. Consequently, the Board recommended increasing the percent damaged kernel allowance under Segregation 1 from not more than 2.49 percent to not more than 3.49 percent. The Board voted 13-2 in support of the proposed changes. One of the two Board members voting against the changes was concerned that the decision was being made without enough data and was concerned about maintaining the quality of peanuts. Several Board members responded that this change was not a new issue for the industry. Further, this change has been well supported by producer groups prompting this action. These changes are consistent with the Standards and the Act. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000 and small agricultural service firms, including handlers and importers, are defined as those having annual receipts of less than $7,500,000 (13 CFR 121.201). There are approximately 7,500 peanut producers, 60 peanut handlers, operating approximately 70 shelling plants, and 25 importers subject to regulation under the peanut program. An approximation of the number of peanut farms that could be considered small agricultural businesses under the SBA definition can be obtained from the 2012 Agricultural Census, which is the most recent information on the number of farms categorized by size. There were 3,066 peanut farms with annual agricultural sales valued at less than $500,000 in 2012, representing 47 percent of the total number of peanut farms in the U.S. (6,561). According to the National Agricultural Statistics Service (NASS), peanut production for the 2014 and 2015 crop years averaged 5.7 billion pounds. The average value of production for the two-year period was $1.173 billion. The average producer price over the two-year period was $0.21 per pound. Dividing the two-year average production value of $1.173 billion by the approximate number of peanut producers of 7,500 results in an average revenue per producer of approximately $156,000, well below the SBA threshold for small producers. Dividing the two-year average production value of $1.173 billion by the approximate number of peanut handlers of 60 results in an average revenue per handler of approximately $19,550,000. Using a normal distribution, the majority of handlers may be considered large entities. Further, according to the Foreign Agricultural Service's Global Agricultural Trade System, the average annual value of peanuts imported into the United States for the 2014 and 2015 seasons was approximately $67 million. By dividing the annual average value of imported peanuts by the number of importers, the majority of importers would meet the SBA definition for small agricultural service firms. Consequently, the majority of producers and importers may be classified as small entities, but the majority of handlers may be considered large entities when using a normal distribution. This proposed rule would relax the allowance for damaged kernels in farmers stock peanuts when determining segregation. This action would change the allowance for damaged kernels under Segregation 1 from not more than 2.49 percent to not more than 3.49 percent. The Board believes this proposed rule would align incoming farmers stock peanuts segregation with the outgoing quality standards and increase returns to producers. It is not anticipated that this action would impose additional costs on handlers, producers, or importers, regardless of size. Rather, these changes should help improve returns to peanut producers and help lower financial risk. This proposed rule is expected to benefit the industry. The effects of this rule are not expected to be disproportionately greater or less for small handlers, producers or importers than for larger entities. The USDA has considered alternatives to these changes. The Act requires USDA to consult with the Board on changes to the Standards. An alternative discussed was to increase the damaged kernel percentage up to 4.49 percent for Segregation 1. However, the [[Page 24085]] Board believes this alternative would relax the kernel damage too far. Therefore, this alternative was rejected. USDA has met with the Board, which is representative of the industry, and has included its recommendations in this rule. The Act specifies in Sec. 1604(c)(2)(A) that the Standards established pursuant to it may be implemented without regard to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). However, USDA has considered the reporting and recordkeeping burden on handlers and importers under this program. This proposed rule would relax the allowance for damaged kernels in farmers stock peanuts when determining segregation under the Standards. Recordkeeping requirements would remain the same. Accordingly, this rule would not impose any additional reporting or recordkeeping requirements on either small or large handlers or importers. Section 1601 of the Act also provides that amendments to the Standards may be implemented without extending interested parties an opportunity to comment. However, due to the nature of the proposed changes, interested parties are provided with a 30-day comment period. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. The Board's meeting was widely publicized throughout the peanut industry and all interested persons were invited to attend and participate in Board deliberations on all issues. Like all Board meetings, the September 1, 2016, meeting was a public meeting and all entities, both large and small, were able to express views on these issues. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 30-day comment period is provided to allow interested persons to respond to this proposal. Thirty days is deemed appropriate because farmers stock peanuts are already being delivered from the 2016-17 crop. Further, the industry is aware of this proposed action recommended by the Board. All written comments timely received will be considered before a final determination is made on this matter. List of Subjects in 7 CFR Part 996 Food grades and standards, Marketing agreements, Peanuts, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 996 is proposed to be amended as follows: PART 996--MINIMUM QUALITY AND HANDLING STANDARDS FOR DOMESTIC AND IMPORTED PEANUTS MARKETED IN THE UNITED STATES 0 1. The authority citation for 7 CFR part 996 continues to read as follows: Authority: 7 U.S.C. 7958. 0 2. Section 996.13 is amended by revising paragraphs (b) and (c) to read as follows: Sec. 996.13 Peanuts. * * * * * (b) Segregation 1. ``Segregation 1 peanuts'' means farmers stock peanuts with not more than 3.49 percent damaged kernels nor more than 1.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible Aspergillus flavus. (c) Segregation 2. ``Segregation 2 peanuts'' means farmers stock peanuts with more than 3.49 percent damaged kernels or more than l.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible Aspergillus flavus. * * * * * Dated: May 19, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-10680 Filed 5-24-17; 8:45 am] BILLING CODE 3410-02-P
![24082 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules
financial statements, and the need to duplication by industry and public DEPARTMENT OF AGRICULTURE
both reduce financial reserves and sector agencies.
increase its marketing efforts to increase AMS is committed to complying with Agricultural Marketing Service
demand for tart cherries. The Board also the E-Government Act, to promote the
considered not taking this action, but use of the Internet and other 7 CFR Part 996
determined that 2016–17 expenditures information technologies to provide [Doc. No. AMS–SC–16–0102; SC16–996–3
of $2,523,550 were appropriate, and the increased opportunities for citizen PR]
recommended assessment rate and access to Government information and
allocation, along with funds from services, and for other purposes. Minimum Quality and Handling
interest income, block grants, and funds Standards for Domestic and Imported
from reserves, would be adequate to USDA has not identified any relevant
Federal rules that duplicate, overlap, or Peanuts Marketed in the United States;
cover budgeted expenses. Change to the Quality and Handling
A review of historical information and conflict with this action.
Requirements
preliminary information pertaining to A small business guide on complying
the upcoming crop year indicates that with fruit, vegetable, and specialty crop AGENCY: Agricultural Marketing Service,
the average grower price for the 2016– marketing agreements and orders may USDA.
17 season could be approximately be viewed at: http://www.ams.usda.gov/ ACTION: Proposed rule.
$0.348 per pound of tart cherries. rules-regulations/moa/small-businesses.
Therefore, the estimated assessment Any questions about the compliance SUMMARY: This proposed rule would
revenue for the 2016–17 crop year as a guide should be sent to Richard Lower implement a recommendation from the
percentage of total grower revenue at the previously mentioned address in Peanut Standards Board (Board) to
would be approximately 2 percent. the FOR FURTHER INFORMATION CONTACT revise the minimum quality and
This action would not increase the section. handling standards for domestic and
assessment obligation imposed on imported peanuts marketed in the
A 30-day comment period is provided
handlers. While assessments impose United States (Standards). The Board
to allow interested persons to respond
some additional costs on handlers, the advises the Secretary of Agriculture
to this proposed rule.
costs are minimal and uniform on all regarding potential changes to the
handlers. Some of the costs may be List of Subjects in 7 CFR Part 930 Standards and is comprised of
passed on to producers. However, these producers and industry representatives.
Marketing agreements, Reporting and This action would relax the allowance
costs would be offset by the benefits
recordkeeping requirements, tart for damaged kernels in farmers stock
derived by the operation of the
cherries. peanuts when determining segregation.
marketing order.
The Board’s meetings were widely For the reasons set forth in the This change would increase the
publicized throughout the tart cherry preamble, 7 CFR part 930 is proposed to allowance for damaged kernels under
industry, and all interested persons be amended as follows: Segregation 1 from not more than 2.49
were invited to attend the meetings and percent to not more than 3.49 percent.
participate in Board deliberations on all PART 930—TART CHERRIES GROWN The requirements for Segregation 2
issues. Like all Board meetings, the June IN THE STATES OF MICHIGAN, NEW would also be adjusted to reflect this
23, 2016, and September 8, 2016, YORK, PENNSYLVANIA, OREGON, change. The Board recommended this
meetings were public meetings, and all UTAH, WASHINGTON, AND change to align the incoming standards
entities, both large and small, were able WISCONSIN with recent changes to the outgoing
to express views on this issue. Finally, quality standards and to help increase
interested persons are invited to submit ■ 1. The authority citation for 7 CFR returns to producers.
comments on this proposed rule, part 930 continues to read as follows: DATES: Comments must be received by
including the regulatory and June 26, 2017.
Authority: 7 U.S.C. 601–674.
informational impacts of this action on ADDRESSES: Interested persons are
small businesses. ■ 2. Section 930.200 is revised to read invited to submit written comments
In accordance with the Paperwork as follows: concerning this proposal. Comments
Reduction Act of 1995 (44 U.S.C. must be sent to the Docket Clerk,
Chapter 35), the order’s information § 930.200 Assessment rate. Marketing Order and Agreement
collection requirements have been On and after October 1, 2016, the Division, Specialty Crops Program,
previously approved by OMB and assessment rate imposed on handlers AMS, USDA, 1400 Independence
assigned OMB No. 0581–0177, Tart shall be $0.0075 per pound of tart Avenue SW., STOP 0237, Washington,
Cherries Grown in the States of cherries grown in the production area DC 20250–0237; Fax: (202) 720–8938; or
Michigan, New York, Pennsylvania, and utilized in the production of tart Internet: http://www.regulations.gov. All
Oregon, Utah, Washington, and cherry products. Included in this rate is comments should reference the
Wisconsin. No changes in those $0.006 per pound of tart cherries to document number and the date and
requirements are necessary as a result of cover the cost of the research and page number of this issue of the Federal
this proposed action. Should any promotion program and $0.0015 per Register and will be made available for
changes become necessary, they would pound of tart cherries to cover public inspection in the Office of the
be submitted to OMB for approval. administrative expenses. Docket Clerk during regular business
This proposed rule would impose no hours, or can be viewed at: http://
Dated: May 19, 2017.
additional reporting or recordkeeping www.regulations.gov. All comments
requirements on either small or large Bruce Summers, submitted in response to this proposal
tart cherry handlers. As with all Federal Acting Administrator, Agricultural Marketing will be included in the record and will
marketing order programs, reports and Service. be made available to the public. Please
forms are periodically reviewed to [FR Doc. 2017–10677 Filed 5–24–17; 8:45 am] be advised that the identity of the
reduce information requirements and BILLING CODE 3410–02–P individuals or entities submitting the
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![Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules 24085
Board believes this alternative would to this proposal. Thirty days is deemed ENVIRONMENTAL PROTECTION
relax the kernel damage too far. appropriate because farmers stock AGENCY
Therefore, this alternative was rejected. peanuts are already being delivered
USDA has met with the Board, which from the 2016–17 crop. Further, the 40 CFR Part 52
is representative of the industry, and industry is aware of this proposed [EPA–R01–OAR–2017–0102 and EPA–R01–
has included its recommendations in action recommended by the Board. All OAR–2016–0758; FRL–9962–02–Region 1]
this rule. written comments timely received will
The Act specifies in § 1604(c)(2)(A) Air Plan Approval; NH; Nonattainment
be considered before a final
that the Standards established pursuant New Source Review and Prevention of
to it may be implemented without determination is made on this matter.
Significant Deterioration Permit
regard to the Paperwork Reduction Act List of Subjects in 7 CFR Part 996 Program Revisions; Public Hearing
of 1995 (44 U.S.C. Chapter 35). Revisions for State Permitting
However, USDA has considered the Food grades and standards, Marketing Programs; Withdrawal of Permit Fee
reporting and recordkeeping burden on agreements, Peanuts, Reporting and Program; Infrastructure Provisions for
handlers and importers under this recordkeeping requirements. National Ambient Air Quality
program. This proposed rule would Standards
relax the allowance for damaged kernels For the reasons set forth in the
in farmers stock peanuts when preamble, 7 CFR part 996 is proposed to AGENCY: Environmental Protection
determining segregation under the be amended as follows: Agency (EPA).
Standards. Recordkeeping requirements ACTION: Proposed rule.
would remain the same. Accordingly, PART 996—MINIMUM QUALITY AND
HANDLING STANDARDS FOR SUMMARY: The Environmental Protection
this rule would not impose any
DOMESTIC AND IMPORTED PEANUTS Agency (EPA) is proposing to approve
additional reporting or recordkeeping
MARKETED IN THE UNITED STATES several different State Implementation
requirements on either small or large Plan (SIP) revisions submitted to EPA
handlers or importers. by the New Hampshire Department of
Section 1601 of the Act also provides ■ 1. The authority citation for 7 CFR
Environmental Services (NHDES). New
that amendments to the Standards may part 996 continues to read as follows:
Hampshire submitted to EPA on
be implemented without extending Authority: 7 U.S.C. 7958. October 26, 2016, revisions satisfying
interested parties an opportunity to
the NHDES’s earlier commitment to
comment. However, due to the nature of ■ 2. Section 996.13 is amended by adopt and submit provisions that meet
the proposed changes, interested parties revising paragraphs (b) and (c) to read certain requirements of the federal
are provided with a 30-day comment as follows: Prevention of Significant Deterioration
period. (PSD) and Nonattainment New Source
AMS is committed to complying with § 996.13 Peanuts.
Review (NNSR) air permit program
the E-Government Act, to promote the * * * * * regulations. This proposed action will
use of the internet and other
(b) Segregation 1. ‘‘Segregation 1 convert to full approval EPA’s
information technologies to provide
peanuts’’ means farmers stock peanuts September 25, 2015 conditional
increased opportunities for citizen
with not more than 3.49 percent approval of New Hampshire’s PSD and
access to Government information and
damaged kernels nor more than 1.00 NNSR permit programs. This action also
services, and for other purposes.
USDA has not identified any relevant percent concealed damage caused by will approve NHDES’s SIP revisions
Federal rules that duplicate, overlap or rancidity, mold, or decay and which are relating to several New Hampshire
conflict with this rule. free from visible Aspergillus flavus. infrastructure SIPs, which were
The Board’s meeting was widely conditionally approved by EPA on
(c) Segregation 2. ‘‘Segregation 2
publicized throughout the peanut December 16, 2015, and July 8, 2016.
peanuts’’ means farmers stock peanuts Additionally, EPA is also proposing to
industry and all interested persons were with more than 3.49 percent damaged
invited to attend and participate in approve: a January 31, 2017 SIP revision
kernels or more than l.00 percent amending the public notice and hearing
Board deliberations on all issues. Like concealed damage caused by rancidity,
all Board meetings, the September 1, procedures for New Hampshire’s NNSR,
mold, or decay and which are free from PSD, and minor NSR permit programs;
2016, meeting was a public meeting and
visible Aspergillus flavus. a January 18, 2017 SIP revision
all entities, both large and small, were
able to express views on these issues. * * * * * withdrawing the State SIP’s permit fee
Finally, interested persons are invited to system; and a November 17, 2015 SIP
Dated: May 19, 2017.
submit comments on this proposed rule, revision that addresses the good
Bruce Summers, neighbor provisions of New
including the regulatory and
Acting Administrator, Agricultural Marketing Hampshire’s infrastructure SIP for the
informational impacts of this action on Service.
small businesses. 2010 nitrogen oxide (NO2) national
A small business guide on complying [FR Doc. 2017–10680 Filed 5–24–17; 8:45 am] ambient air quality standard (NAAQS).
with fruit, vegetable, and specialty crop BILLING CODE 3410–02–P This action is being taken in accordance
marketing agreements and orders may with the Clean Air Act (CAA).
be viewed at: http://www.ams.usda.gov/ DATES: Written comments must be
rules-regulations/moa/small-businesses. received on or before June 26, 2017.
Any questions about the compliance ADDRESSES: Submit your comments,
guide should be sent to Richard Lower identified by Docket ID No. EPA–R01–
at the previously mentioned address in OAR–2017–0102 and EPA–R01–OAR–
the FOR FURTHER INFORMATION CONTACT 2016–0758 at https://
section. www.regulations.gov, or via email to
A 30-day comment period is provided mcdonnell.ida@epa.gov. For comments
to allow interested persons to respond submitted at Regulations.gov, follow the
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Document Created: 2018-11-08 08:53:08
Document Modified: 2018-11-08 08:53:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by June 26, 2017. | |
| Contact | Steven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3775, Fax: (863) 291-8614, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 24082 | |
| CFR Associated | Food Grades and Standards; Marketing Agreements; Peanuts and Reporting and Recordkeeping Requirements |
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