Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-10-20.xml --- 82 202 Friday, October 20, 2017 Contents Agricultural Marketing Agricultural Marketing Service RULES Quality and Handling Requirements: Domestic and Imported Peanuts Marketed in the United States; Minimum Quality and Handling Standards, 48755-48758 2017-22712 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48786-48787 2017-22767 2017-22793 Animal Animal and Plant Health Inspection Service NOTICES Implementation of Revised Lacey Act Provisions, 48787-48788 2017-22800 Army Army Department NOTICES Meetings: Advisory Committee on Arlington National Cemetery, 48803-48804 2017-22785 Advisory Committee on Arlington National Cemetery, Honor Subcommittee and the Remember and Explore, 48804-48805 2017-22788 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Manufacturers' Shipments, Inventories, and Orders Survey, 48789-48790 2017-22814 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48812-48816 2017-22774 2017-22772 2017-22773 Centers Medicare Centers for Medicare & Medicaid Services RULES Clinical Laboratory Improvement Amendments of 1988: Fecal Occult Blood Testing, 48770-48773 2017-22813 NOTICES Medicare and Medicaid Programs:

Application by Community Health Accreditation Partner for Continued CMS Approval of its Home Health Agency Accreditation Program, 48817-48818 2017-22812 Single-Source Awards: Analyses, Research and Studies To Address the Impact of CMS Programs on American Indian/Alaska Native Beneficiaries and the Health Care System Serving These Beneficiaries, 48816-48817 2017-22811 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48818-48822 2017-22713 2017-22716 2017-22718 2017-22720 Coast Guard Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48834-48839 2017-22707 2017-22838 2017-22839 2017-22840 2017-22853 Commerce Commerce Department See Census Bureau See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48790-48791 2017-22848 Membership of the Departmental Performance Review Board, 48790 2017-22766 Performance Review Board Memberships, 48791-48792 2017-22791 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 48803 2017-22823 Commodity Credit Commodity Credit Corporation NOTICES Funding Availability: Dairy Assistance Program for Puerto Rico in Response to 2017 Hurricanes, 48788-48789 2017-22868 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comptroller's Licensing Manual, 48895-48898 2017-22722 Guidelines Establishing Heightened Standards for Certain Large Insured National Banks, Insured Federal Savings Associations, and Insured Federal Branches, 48892-48895 2017-22723 Defense Acquisition Defense Acquisition Regulations System NOTICES Memorandum of Understanding With the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland and With the Republic of Finland, 48805-48806 2017-22714 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation Buy American, Trade Agreements, and Duty-Free Entry, 48811-48812 2017-22717 Economic Development Economic Development Administration RULES Elimination of Regulations Implementing Community Trade Adjustment Assistance Program, 48760 2017-22782 NOTICES Performance Review Board Memberships, 48792 2017-22792 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48806 2017-22799 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48808-48809 2017-22798 2017-22801 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 48807-48808 2017-22802 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Nevada; Rescission of Visibility Protection Federal Implementation Plan for the Mohave Generating Station, 48769-48770 2017-22701 Wisconsin; Regional Haze Progress Report, 48766-48769 2017-22705 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Wisconsin; Regional Haze Progress Report, 48780-48781 2017-22706 NOTICES Environmental Impact Statements; Availability, 48810 2017-22854 Farm Credit Farm Credit Administration RULES Assessment and Apportionment of Administrative Expenses, 48758-48760 2017-22721 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: eComments Requested Hate Crime Incident Report, 48848-48849 2017-22715 Federal Communications Federal Communications Commission RULES Modernizing Common Carrier Rules, 48774-48778 2017-22770 Promoting Technological Solutions To Combat Contraband Wireless Devices in Correctional Facilities, 48773-48774 2017-22635 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 48810 2017-22862 Federal Emergency Federal Emergency Management Agency NOTICES Emergency and Related Determinations:

Alabama, 48841-48842 2017-22747 Emergency Declarations: Louisiana; Amendment No. 1, 48843 2017-22740 Major Disaster Declarations: Florida; Amendment No. 10, 48842 2017-22744 Florida; Amendment No. 11, 48841 2017-22743 Florida; Amendment No. 12, 48841 2017-22745 Georgia; Amendment No. 5, 48842-48843 2017-22738 Texas; Amendment No. 10, 48843 2017-22739 Virgin Islands; Amendment No. 2, 48843-48844 2017-22741 Virgin Islands; Amendment No. 3, 48842 2017-22742 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 48809-48810 2017-22835 2017-22836 Federal Highway Federal Highway Administration NOTICES Fixing America's Surface Transportation Act:

Solicitation for Candidate Projects in the Interstate System Reconstruction and Rehabilitation Pilot Program, 48878-48882 2017-22775 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards; Exemption Applications: C.R. England, 48889-48891 2017-22841 Hours of Service of Drivers: Application for Exemption; MBI Energy Services, 48882-48883 2017-22834 U.S. Department of Defense (DOD); Application for Renewal of Exemption, 48887-48889 2017-22832 United Parcel Service Inc.

Application for an Exemption From Certain Electronic Logging Device Requirements, 48883-48887 2017-22833 Fish Fish and Wildlife Service NOTICES Permits: Foreign Endangered Species and Marine Mammals, 48845-48846 2017-22787 Food and Drug Food and Drug Administration RULES Medical Devices: Immunology and Microbiology Devices; Classification of the Device To Detect and Identify Microbial Pathogen Nucleic Acids in Cerebrospinal Fluid, 48762-48764 2017-22769 NOTICES Extension of the Timetable Requirement To Submit Study Data in Logical Observation Identifiers Names and Codes, 48827-48828 2017-22768 Guidance:

Application of the "Solely Engaged" Exemptions, 48828-48830 2017-22731 Current Good Manufacturing Practice Requirements for Food for Animals, 48822-48823 2017-22730 Product-Specific Guidance for Tiotropium Bromide, 48825-48826 2017-22734 Product-Specific Guidances, 48826-48827 2017-22736 Product-Specific Guidances for Salmeterol Xinafoate and Fluticasone Propionate, 48823-48825 2017-22735 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation Buy American, Trade Agreements, and Duty-Free Entry, 48811-48812 2017-22717 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2018 Rental Housing Finance Survey, 48844-48845 2017-22843 Fiscal Year 2015 Service Contract Inventory, 48845 2017-22844 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of an Amendment to a Tribal-State Class III Gaming Compact in the State of Washington, 48846 2017-22852 Industry Industry and Security Bureau NOTICES Export Privileges;

Denials: Adrian Manuel Hernandez, 48792-48793 2017-22828 Jimmy Rojas a/k/a Jim Rojas, 48793-48794 2017-22829 Marleen Rochin, 48795-48796 2017-22827 Martin Jan Leff, 48794-48795 2017-22821 Rodrigo Chico-Rodriguez, 48796-48797 2017-22826 Performance Review Board Memberships, 48792 2017-22792 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Museums for All Program Evaluation, 48853 2017-22819 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Definition of Political Subdivision, 48779 2017-22777 Estate, Gift, and Generation-skipping Transfer Taxes:

Restrictions on Liquidation of an Interest, 48779-48780 2017-22776 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employee Representative's Quarterly Railroad Tax Return, 48899 2017-22781 Government Service Information, 48900 2017-22783 Material Advisors of Reportable Transactions, Lists of Advisees, 48899-48900 2017-22784 Split-Dollar Life Insurance Arrangements, 48898-48899 2017-22780 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China, 48797-48798 2017-22807 Polyethylene Terephthalate Resin From Canada, 48799 2017-22806 Performance Review Board Memberships, 48798-48799 2017-22790 Scope Rulings, 48799-48801 2017-22804 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48849-48850 2017-22762 Proposed Consent Decrees: CERCLA, 48850 2017-22778 Labor Department Labor Department See Wage and Hour Division See Workers Compensation Programs Office Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Recreational Target Shooting in the Sonoran Desert National Monument, AZ, 48847-48848 2017-22598 Meetings: Pecos District Resource Advisory Council, 48846-48847 2017-22732 NASA National Aeronautics and Space Administration RULES Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2017, 48760-48762 2017-22847 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation Buy American, Trade Agreements, and Duty-Free Entry, 48811-48812 2017-22717 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48891-48892 2017-22797 National Institute National Institutes of Health NOTICES Charter Renewals: National Cancer Institute, 48832 2017-22824 Meetings: Center for Scientific Review, 48830-48834 2017-22725 2017-22726 National Cancer Institute, 48832 2017-22729 National Center for Advancing Translational Sciences, 48833-48834 2017-22727 2017-22728 National Institute of Allergy and Infectious Diseases, 48832 2017-22825 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States:

Northeast Skate Complex; Framework Adjustment 4, 48781-48785 2017-22719 NOTICES Meetings: Fisheries Off West Coast States; Fisheries of the Exclusive Economic Zone Off Alaska; Seabird Cable Strike Mitigation Workshop, 48802-48803 2017-22822 Taking and Importing Marine Mammals: Incidental to U.S. Navy Training and Testing Activities in the Hawaii-Southern California Training and Testing Study Area, 48801-48802 2017-22733 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 48853-48854 2017-22849 National Telecommunications National Telecommunications and Information Administration NOTICES Performance Review Board Memberships, 48792 2017-22792 Navy Navy Department RULES Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea, 48764-48766 2017-22578 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards, 48854-48855 2017-22737 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 48855-48857 2017-22746 2017-22820 Postal Service Postal Service NOTICES International Product Changes:

GEPS 9 Contracts, 48857 2017-22786 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Blind Americans Equality Day (Proc. 9662), 48753-48754 2017-22938 National Character Counts Week (Proc. 9660), 48749-48750 2017-22930 National Forest Products Week (Proc. 9661), 48751-48752 2017-22936 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 48861-48865 2017-22752 Chicago Board Options Exchange, Inc., 48858-48861 2017-22754 Nasdaq GEMX, LLC, 48869-48870 2017-22756 Nasdaq ISE, LLC, 48865-48869 2017-22753 2017-22757 New York Stock Exchange LLC, 48870-48873 2017-22755 The Depository Trust Co.;

Fixed Income Clearing Corp.; National Securities Clearing Corp., 48858 2017-22758 The Depository Trust Co.; National Securities Clearing Corp.; Fixed Income Clearing Corp., 48857 2017-22759 Small Business Small Business Administration NOTICES Major Disaster Declarations: California; Amendment 1, 48874 2017-22760 California; Amendment 2, 48875 2017-22764 California; Amendment 3, 48873 2017-22763 Florida, 48873 2017-22805 Georgia, 48874 2017-22810 Seminole Tribe of Florida; Amendment 1, 48873-48874 2017-22761 Texas, 48874-48875 2017-22808 2017-22809 State Department State Department NOTICES Meetings:

Overseas Security Advisory Council, 48875 2017-22837 Strengthening the Policy of the United States Toward Cuba, 48875-48878 2017-22928 Surface Transportation Surface Transportation Board NOTICES Operation Exemptions: Chesapeake and Railroad Co.; Town of North Judson, IN, 48878 2017-22817 Transportation Department Transportation Department See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Identification Card, 48840-48841 2017-22846 Declaration for Free Entry of Returned American Products, 48839-48840 2017-22845 Veteran Affairs Veterans Affairs Department NOTICES Records of Decision: Replacement Robley Rex Department of Veterans Affairs Medical Center, Louisville, KY, 48901 2017-22842 Wage Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Family and Medical Leave Act, as Amended, 48850-48851 2017-22816 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health, 48851-48853 2017-22818 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 202 Friday, October 20, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 996 [Doc.

No. AMS-SC-16-0102; SC16-996-3 FR] 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: Final rule. SUMMARY: This rule implements 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 relaxes the allowance for damaged kernels in farmers stock peanuts when determining segregation. This change increases 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 are also 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: Effective February 1, 2018. 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: *Steven.Kauffman@ams.usda.gov* or *Christian.Nissen@ams.usda.gov.* ADDRESSES: 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: *Richard.Lower@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is issued pursuant to Public Law 107-171, the Farm Security and Rural Investment Act of 2002 (Act). The minimum quality and handling standards for domestic and imported peanuts marketed in the United States (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 will not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This final 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 the Department of Agriculture

(USDA)take several actions with regard to peanuts marketed in the United States. These include ensuring mandatory inspection of all peanuts marketed in the United States; developing and implementing peanut quality and handling requirements; establishing the Peanut Standards Board (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 their review of the changes to the Standards included in this action. This final rule relaxes 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 are also adjusted to reflect this change. The Board believes these changes will 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. USDA proposed and requested public comment on the Board's recommendation in the **Federal Register** on May 25, 2017 (82 FR 24082). 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 1.00 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 1.00 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 in 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 his 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 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 final rule makes a corresponding adjustment to the damage requirements for incoming peanuts. This action relaxes the allowance for damaged kernels under the definition for Segregation 1 peanuts from 2.49 to 3.49 percent, which will 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 should 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 change. Since Segregation 2 historically composes approximately one percent of total farmers stock peanuts, this adjustment represents a very small shift in overall volume. Therefore, the change will 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 Segregation 1 to Segregation 2, it can have a significant financial impact, especially for small producers. This change benefits 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 also requires 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 represents 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 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. Final 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 final 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 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 final rule relaxes the allowance for damaged kernels in farmers stock peanuts when determining segregation. This change increases 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 rule will align incoming farmers stock peanuts segregation with the outgoing quality standards and increase returns to producers. It is not anticipated that this action will 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 final 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 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 section 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 final rule relaxes the allowance for damaged kernels in farmers stock peanuts when determining segregation under the Standards. Recordkeeping requirements will remain the same. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large handlers or importers. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the public comments received concerning the proposal did not address the initial regulatory flexibility analysis. 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. 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. 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 were provided with a 30-day comment period. A proposed rule concerning this action was published in the **Federal Register** on May 25, 2017 (82 FR 24082). Copies of the rule were mailed or sent via facsimile to all Board members. Finally, the rule was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending June 26, 2017, was provided to allow interested persons to respond to the proposal. Ten comments were received during the comment period in response to the proposal. The commenters included producers, a sheller, a producer association, a sheller association, two State farm bureaus, a State peanut board, a State commodity commission, and one anonymous individual. Nine of the comments received were in support of the proposed rule, and one comment was in opposition. All nine positive comments expressed support for finalizing the proposed rule as issued. Seven of these comments recognized the industry's advancements in technology that allows for better sorting and cleaning of incoming farmers stock peanuts. Seven commenters stated this change would align farmers stock segregation damage under incoming standards with the 2016 changes to the outgoing peanut quality standards. Six commenters suggested the one percent relaxation should allow farmers to improve returns and lower financial risk by shifting more peanuts into Segregation 1. One comment added that modern harvesting practices can cause slightly more damage to peanut kernels, but noted that this type of damage is cosmetic and has nothing to do with food safety or quality. Two of the comments asked for the changes to be implemented for the 2017 crop. Given industry and USDA adjustments that will need to occur to accommodate these changes, USDA believes that the changes should be effective well in advance of a given crop year. The 2017 crop is well underway. As such, USDA is setting February 2018 as the most appropriate effective date to ensure an orderly transition to the revised standards for the next season. The one negative comment, received from an anonymous individual, questioned why the standards are being lowered to match our competitors. The commenter also noted this is likely an effort to receive more product from overseas. Few, if any, peanuts are imported as farmers stock. Consequently, this action would have no impact on imported peanuts. However, imported peanuts are subject to the same outgoing quality requirements as domestic peanuts under the Standards. This action makes no changes to the outgoing standards. While this change would not impact imported peanuts, it could result in additional domestic peanuts being available for human consumption. Accordingly, no changes will be made to the rule as proposed, based on the comments received. After consideration of all relevant matter presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. 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 amended as follows: PART 996—MINIMUM QUALITY AND HANDLING STANDARDS FOR DOMESTIC AND IMPORTED PEANUTS MARKETED IN THE UNITED STATES 1. The authority citation for 7 CFR part 996 continues to read as follows: Authority: 7 U.S.C. 7958. 2. Section 996.13 is amended by revising paragraphs

(b)and

(c)to read as follows: § 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 1.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible *Aspergillus flavus* . Dated: October 16, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-22712 Filed 10-19-17; 8:45 am]

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