Unknown. Final rule

4,731 words·~22 min read·/register/2020/03/23/2020-05224

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-03-23.xml --- 85 56 Monday, March 23, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Platelet-Rich Plasma for Wound Care in the Medicare Population, 16362-16364 2020-05994 Agricultural Marketing Agricultural Marketing Service RULES Peanut Promotion, Research, and Information Order: Primary Peanut-Producing States and Adjustment of Membership, 16229-16231 2020-05224 PROPOSED RULES Free and Restricted Percentages for the 2019-20 Crop Year:

Tart Cherries Grown in the States of Michigan, et al., 16273-16278 2020-05825 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food and Nutrition Service See Rural Housing Service See The U.S. Codex Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16313 2020-06078 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16364-16368 2020-06019 2020-06021 2020-06022 2020-06023 Coast Guard Coast Guard RULES Safety Zone:

Pacific Ocean, Hilo Harbor, HI—Lightering Operations, 16267-16270 2020-05739 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Agriculture Risk Coverage and Price Loss Coverage Programs and Noninsured Crop Assistance Program; Correction, 16231-16232 2020-05399 Comptroller Comptroller of the Currency RULES Regulatory Capital Rule:

Money Market Mutual Fund Liquidity Facility, 16232-16237 2020-06156 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Subcontracting Policies and Procedures, 16330-16331 2020-05355 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Meetings: Defense Advisory Committee on Military Personnel Testing;

Cancellation, 16331 2020-05952 Drug Drug Enforcement Administration PROPOSED RULES Controls To Enhance the Cultivation of Marihuana for Research in the United States, 16292-16307 2020-05796 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Determinations, 16325 2020-05975 Education Department Education Department PROPOSED RULES Proposed Waiver and Extension of the Project Period for the Predominantly Black Institutions Competitive Grant Program, 16307-16309 2020-05741 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 16331-16332 2020-06068 Written Application for the Independent Living Services for Older Individuals Who Are Blind Program, 16332 2020-06059 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Use of Reservoir Projects for Domestic, Municipal and Industrial Water Supply; Withdrawal, 16307 2020-05919 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants:

New Mexico and Albuquerque-Bernalillo County, New Mexico; Control of Emissions From Existing Other Solid Waste Incineration Units, 16270 2020-05776 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Technical Amendment, 16309-16310 2020-05957 NOTICES Call for Submissions: Safer Choice Partner of the Year Awards, 16334-16335 2020-06072 Certain New Chemicals: Receipt and Status Information for February 2020, 16335-16340 2020-06063 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16340-16349 2020-06008 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 16237-16239 2020-06092 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 16240-16245 2020-05868 2020-05870 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 16279-16281 2020-05774 Bombardier, Inc., Airplanes, 16284-16286 2020-05771 Leonardo S.p.A (type certificate previously held by Agusta S.p.A) Helicopters, 16281-16284 2020-05851 Amendment and Removal of Air Traffic Service Routes:

Eastern United States, 16289-16292 2020-05857 Amendment of V-55, V-271, T-215, and T-265, and Revocation of V-215 and V-450: in the Vicinity of Muskegon, MI, 16287-16289 2020-05858 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Registration, 16452 2020-06039 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16386-16387 2020-05976 Federal Deposit Federal Deposit Insurance Corporation RULES Regulatory Capital Rule:

Money Market Mutual Fund Liquidity Facility, 16232-16237 2020-06156 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 16270-16271 2020-05501 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 16333-16334 2020-06045 Complaint: City of Goose Creek v. South Carolina Public Service Authority, 16332-16333 2020-06044 Records Governing Off-the-Record Communications, 16334 2020-06043 Federal Reserve Federal Reserve System RULES Regulatory Capital Rule:

Money Market Mutual Fund Liquidity Facility, 16232-16237 2020-06156 Federal Trade Federal Trade Commission NOTICES Privacy Act; Systems of Records, 16349-16361 2020-06071 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Combination Products: How to Prepare a Pre-Request for Designation, 16369-16370 2020-06031 Guidance: Policy for Temporary Compounding of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency, 16370-16372 2020-05959 Meetings:

Blood Products Advisory Committee; Postponed, 16368-16369 2020-06082 Food and Nutrition Food and Nutrition Service PROPOSED RULES Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs, 16273 2020-05979 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Traxys Cometals USA, LLC, Foreign-Trade Zone 158, Jackson, MS, 16326 2020-06056 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Pandemic and All-Hazards Preparedness and Advancing Innovation Act, 16372 2020-06047 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Inspector General Health Inspector General Office, Health and Human Services Department NOTICES Statement of Organization, Functions, and Delegations of Authority, 16372-16375 2020-06046 Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Covered Asset Acquisitions, 16245-16267 2020-05551 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Circular Welded Carbon Quality Steel Pipe From the People's Republic of China, 16328 2020-06053 Ferrovanadium From the Republic of Korea, 16326-16328 2020-06055 Lightweight Thermal Paper From the People's Republic of China, 16328-16329 2020-06054 International Trade Com International Trade Commission NOTICES Complaint: Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, Components Thereof, and Products Containing the Same, 16385-16386 2020-06010 Justice Department Justice Department See Drug Enforcement Administration See Federal Bureau of Investigation Land Land Management Bureau NOTICES Plats of Survey:

Alaska, 16377 2020-06062 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16387 2020-06069 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 16375-16376 2020-05966 2020-05967 2020-05968 National Cancer Institute; Cancellation, 16376 2020-05969 National Institute on Aging, 16376-16377 2020-05970 National Library of Medicine, 16376 2020-05971 Office of the Director, 16376 2020-05965 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 16272 2020-06070 Pollock in Statistical Area 620 in the Gulf of Alaska, 16271-16272 2020-06075 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska, 16310-16312 2020-06065 NOTICES Application: Marine Mammals; File No. 23672, 16329-16330 2020-06066 National Park National Park Service NOTICES Inventory Completion:

Baylor University's Mayborn Museum Complex, (Formerly Baylor University's Strecker Museum; formerly Baylor University Museum), Waco, TX; Correction, 16378 2020-06034 Illinois State Museum, Springfield, IL, 16379-16380 2020-06038 Los Angeles County Museum of Natural History, Los Angeles, CA; Correction, 16382-16383 2020-06035 Office of the State Archaeologist, University of Iowa, Iowa City, IA, 16378-16379 2020-06036 Pueblo Grande Museum, Phoenix, AZ, 16383-16385 2020-06032 2020-06033 National Register of Historic Places:

Pending Nominations and Related Actions, 16382 2020-05980 Repatriation of Cultural Items: U.S. Department of Agriculture, Forest Service, Tongass National Forest, Petersburg, AK, 16380-16382 2020-06037 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Environmental Research and Education, 16387 2020-05974 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Backfitting, Forward Fitting, and Issue Finality Guidance, 16278-16279 2020-06081 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Licensee Event Report; Correction, 16387-16388 2020-06064 Inspections, Tests, Analyses, and Acceptance Criteria: Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, Units 3 and 4, 16388-16389 2020-06057 Meetings: Advisory Committee on the Medical Uses of Isotopes, 16389 2020-06073 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Court-Ordered Benefits for Former Spouses, 16395 2020-06014 Application for Deferred or Postponed Retirement:

Federal Employees Retirement System, 16390-16391 2020-06029 Civil Service Retirement System Survivor Annuitant Express Pay Application for Death Benefits, 16393-16394 2020-06028 Death Benefit Payment Rollover Election, 16391-16392 2020-06013 Designation of Beneficiary: Civil Service Retirement System, 16390 2020-06030 Former Spouse Survivor Annuity Election, Information on Electing a Survivor Annuity for Your Former Spouse, 16394 2020-06026 Information and Instructions on Your Reconsideration Rights, 16393 2020-06016 Self-Certification of Full-Time School Attendance for the School Year;

Information and Instructions for Completing the Self-Certification of Full-Time School Attendance for the School Year, 16394-16395 2020-06020 We Need Important Information About Your Eligibility for Social Security Disability Benefits, 16389-16390 2020-06018 We Need the Social Security Number of the Person Named Below, 16392-16393 2020-06017 2020-06027 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Termination of M-Number and R-Number Approvals Issued Without an Expiration Date, 16452-16454 2020-06040 Postal Regulatory Postal Regulatory Commission NOTICES Complaint Proceeding, 16396-16398 2020-06048 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 16398 2020-06164 Presidential Documents Presidential Documents EXECUTIVE ORDERS Health and Human Services: COVID-19 Transmission, Response Efforts; Health and Medical Resource Prioritization and Allocation (EO 13909), 16227-16228 2020-06161 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16324-16325 2020-05977 Request for Applications: Housing Preservation Grants for Fiscal Year 2020, 16314-16324 2020-05984 Securities Securities and Exchange Commission NOTICES Joint Industry Plan:

Filing of the Twentieth Amendment to the National Market System Plan To Address Extraordinary Market Volatility by Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., et al., 16408-16428 2020-06024 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange, LLC, 16406-16408, 16436-16439 2020-05999 2020-06004 NYSE American, LLC, 16400-16406, 16430-16434 2020-06003 2020-06005 2020-06007 NYSE Arca, Inc., 16398-16400, 16439-16450 2020-06000 2020-06006 NYSE Chicago, Inc., 16434-16436 2020-06002 NYSE National, Inc., 16428-16430 2020-06001 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16450 2020-05958 Surface Transportation Surface Transportation Board NOTICES Meetings: Rail Energy Transportation Advisory Committee, 16450 2020-05973 Quarterly Rail Cost Adjustment Factor, 16450 2020-06042 Codex The U.S. Codex Office NOTICES Meetings: Codex Alimentarius Commission, 16314 2020-06067 Trade Representative Trade Representative, Office of United States NOTICES Public Hearing: Negotiating Objectives for a United States-Republic of Kenya Trade Agreement, 16450-16452 2020-06041 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration RULES Security Training for Surface Transportation Employees, 16456-16517 2020-05126 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Special Medical Advisory Group; Cancellation, 16454 2020-05990 Separate Parts In This Issue Part II Homeland Security Department, Transportation Security Administration, 16456-16517 2020-05126 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. 85 56 Monday, March 23, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1216 [Document Number AMS-SC-19-0073] Peanut Promotion, Research, and Information Order;

Amendment to Primary Peanut-Producing States and Adjustment of Membership AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule adds the State of Missouri as a primary peanut-producing State under 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). This rule also adds a producer member and alternate member to the Board to represent the State of Missouri.

The Board recommended this action to ensure the Board's representation reflects changes in the geographical distribution of the production of peanuts. DATES: Effective April 22, 2020. FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, Stop 0244, 1400 Independence Avenue SW, Room 1406-S, Washington, DC 20250-0244; telephone:

(202)720-9915; facsimile:

(202)205-2800; or electronic mail: *Jeanette.Palmer@usda.gov.* SUPPLEMENTARY INFORMATION: This rule 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. 7411-7425). 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 final rule falls within a category of regulatory actions that the Office of Management and Budget

(OMB)exempted from Executive Order 12866 review. 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 final rule 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 In addition, this final 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. 804(2). 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 USDA's final ruling. Background This final rule adds the State of Missouri as a primary peanut-producing State under the Order. According to the Order, primary peanut-producing states must maintain a 3-year average production of at least 10,000 tons of peanuts to maintain this classification. Missouri's peanut production meets this requirement. The Order is administered by the Board with oversight by USDA. Primary peanut-producing states have seats on the Board. This final rule adds one producer member and alternate seat to the Board to represent the State of Missouri. Board members and alternates are nominated by producers or producer groups. This final rule ensures that the Board's representation reflects changes in the geographical distribution of the production of peanuts covered by the Order. The Order became effective on July 30, 1999. Pursuant to the Order, the Board administers a nationally-coordinated program of promotion, research and information designed to strengthen the position of peanuts in the market place 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. Assessments are levied at a rate of $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for Segregation 2 and 3 peanuts, as those terms are defined in § 996.13(b)-(d) of title 7. The assessments are remitted to the Board by handlers and, for peanuts under loan, by the Commodity Credit Corporation. The Order distinguishes between the terms “minor peanut-producing states” and “primary peanut-producing states” for purposes of Board representation and voting at meetings. Section 1216.21 currently defines primary peanut-producing states as Alabama, Arkansas, Florida, Georgia, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Texas and Virginia. These States must maintain a 3-year average production of at least 10,000 tons of peanuts. All other peanut-producing States are defined as minor peanut-producing States in § 1217.15. Pursuant to § 1216.40(b), at least once in each five-year period, the Board must review the geographical distribution of peanuts in the United States and make a recommendation to the Secretary of Agriculture (Secretary) to continue the program without change or recommend that changes should be made in the number of representatives on the Board to reflect changes in the geographical distribution of the production of peanuts. Board Recommendation As required by the Order, the Board met and reviewed the geographical distribution of peanuts. According to data from the USDA's Federal State Inspection Service, for the years 2016, 2017 and 2018, 9,552, 13,059 and 12,597 tons of peanuts were inspected in Missouri, respectively. Based on this data, the 3-year average annual peanut production for Missouri totals 11,736 tons per year, which exceeds the requirement in the Order of maintaining a 3-year average of 10,000 tons per year to be considered a primary peanut-producing State. Based on Federal State Inspection Service data, the Board voted unanimously on August 28, 2019, to add Missouri as a primary peanut-producing State under the Order. Accordingly, one producer member and one alternate member will be added to the Board to represent the State of Missouri. These changes help ensure that the Board's representation reflects changes in the geographical distribution of the production of peanuts. Accordingly, this final rule amends §§ 1216.15 and 1216.21 to add the State of Missouri as a primary peanut-producing State. Prior to the changes made in this rule, the Board could be composed or no more than 12 peanut producers and their alternates. This final rule also revises § 1216.40(a) to specify that the Board can be composed of no more than 13 peanut producer members and their alternates. Further, § 1216.40(a)(1) is revised to provide that 12 Board members and their alternates represent primary peanut-producing states, up from 11. Final Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS is required to examine the impact of the rule on small entities. Accordingly, AMS has considered the economic impact of this action on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration

(SBA)defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $1 million and small agricultural service firms (handlers) as those having annual receipts of no more than $30 million. According to the Board, there were approximately 8,126 producers and 34 handlers of peanuts who were subject to the program in 2018. Most producers would be classified as small agricultural production businesses under the criteria established by the SBA (no more than $1 million in annual sales). USDA's National Agricultural Statistics Service

(NASS)reports that the crop values of the peanuts produced in the top 11 peanut-producing states in the years 2016 through 2018 were $1.09 billion, $1.63 billion and $1.16 billion, respectively. The 3-year crop average was $1.29 billion. With a 2018 crop value of $1.16 billion and a total of 8,126 producers, average peanut sales per producer were approximately $142,000. With a 2015-2018 average crop value of $1.29 billion, average sales per producer were approximately $159,000. Both figures are well below the $1 million threshold for a small producer, providing strong evidence that most peanut producers are small businesses. For the 34 handlers, the average annual peanut crop value per handler from 2016 to 2018 ranged from $32 million to $48 million, with a 3-year average of $38 million. With average sales figures moderately higher than the small business threshold size of $30 million, it appears that a number of handlers are small businesses and there are also a number that are large businesses—no definitive statement can be made. The pounds of U.S. peanut production from the 11-primary peanut-producing states for 2016 through 2018 are 5.58 billion, 7.12 billion and 5.46 billion, respectively. The 3-year average was 6.05 billion pounds. Computations based on NASS data show that Georgia was the largest producer, with 50.8 percent of the 3-year average quantity, followed by Alabama (10.3 percent), Texas (9.6 percent), Florida (9.3 percent), North Carolina (6.7 percent), South Carolina (6.0 percent), Mississippi (2.3 percent), Arkansas (2.1 percent), Virginia (1.6 percent), with Oklahoma and New Mexico both under one percent. This final rule amends §§ 1216.15, 1216.21 and 1216.40 to add the State of Missouri as a primary peanut-producing State and to add a member and alternate to the Board to represent Missouri. Pursuant to the Order, primary peanut-producing States must maintain a 3-year average production of at least 10,000 tons of peanuts. Missouri's peanut production meets this requirement. This final rule ensures that the Board's representation reflects changes in the geographical distribution of the production of peanuts covered under the Order. This action is authorized under § 1216.40(b) and section 515(b)(3) of the 1996 Act. Regarding the economic impact of this rule on affected entities, this rule imposes no costs on producers or handlers. The changes define the State of Missouri as a primary peanut-producing State based on recent production data and add a seat on the Board for the State of Missouri. With regard to alternatives, the Board reviewed the peanut production for all the minor peanut-producing States and determined that Missouri was the only State so designated that met the Order's requirement for a 3-year average peanut production of at least 10,000 tons in order to qualify to become a primary peanut-producing State. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the background form (AD-755), which represents the information collection and recordkeeping requirements that will be imposed by this rule, was previously approved under OMB control number 0581-0093. Adding a producer member and alternate to represent the State of Missouri on the Board requires four additional producers to submit background forms (AD-755) to USDA once every three years in order to be considered for appointment to the Board. The Secretary requires two names to be submitted for each open seat on the Board. The public reporting burden is estimated to increase the total burden hours for this information collection by less than one hour. This additional burden will be included in the existing information collection approved for use under OMB control number 0581-0093. In addition, serving on the Board is optional, and the burden of submitting the background form would be offset by the benefits of additional representation on the Board. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. 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. Regarding outreach efforts, the Board discussed Missouri's peanut production level at its December 4-5, 2018 meeting. All the Board's meetings are open to the public and interested persons are invited to participate and express their views. The Board notified the primary peanut-producing States (Georgia, Alabama, Texas, Florida, North Carolina, South Carolina, Mississippi, Arkansas, Virginia, Oklahoma and New Mexico) of Missouri's production numbers by disseminating information through the Board's weekly newsletter, which is titled *News in a Nutshell.* The Board voted on August 28, 2019, to recommend adding the State of Missouri as a primary peanut-producing state. A proposed rule concerning this action was published in the **Federal Register** on December 2, 2019 (84 FR 65929). A 30-day comment period ending on January 2, 2020, was provided to allow interested persons to respond to the proposal. Analysis of Comments Four comments were received in response to the proposed rule. Two comments support the proposal. The other two comments expressed concern about the use of taxpayer dollars to fund the peanut Order. Both commenters in support of the proposal pointed out that the Board's activities are fully funded by peanut farmers and not by taxpayers. These commenters explained that the Order supports activities that benefit the entire peanut industry, such as research to reduce production costs and improve quality and yield, and research about nutrition. One commenter stated that Missouri served on the Board as the at-large producer member in 2019, and that its average production over the last three years justifies its addition to the list of primary producing States. Both commenters agree that farmers will continue to benefit from Board activities under the Order. Two commenters expressed concern regarding the use of taxpayer dollars to fund the peanut Order. However, the Order, which is authorized under the 1996 Act and administered by the Board for the benefit of the peanut industry, is funded through assessments paid by peanut producers, as described in the Final Regulatory Flexibility Analysis section of this document. The peanut program does not receive taxpayer funds. Further, AMS charges the Board user fees for administrative oversight of the program. One commenter suggested that Missouri should not be added to the Board because it produces a small amount of peanuts. However, as described in the proposed rule, Missouri maintained a three-year average production of at least 10,000 tons of peanuts, qualifying it as a primary peanut-producing State under the Order and producer membership on the Board. Therefore, Missouri is being added as a primary peanut-producing State on the Board. USDA has considered all comments received and has not made any changes to the rule as proposed based on those comments. After consideration of all relevant matters 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, is consistent with and will effectuate the purposes of the 1996 Act. List of Subjects in 7 CFR Part 1216 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Reporting and recordkeeping requirements, Peanut promotion. For the reasons set forth in the preamble, amend 7 CFR part 1216 as follows: PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1216 continues to read as follows: Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. 2. Revise § 1216.15 to read as follows: § 1216.15 Minor peanut-producing states. *Minor peanut-producing states* means all peanut-producing states with the exception of Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Texas and Virginia. 3. Revise § 1216.21 to read as follows: § 1216.21 Primary peanut-producing states. *Primary peanut-producing states* means Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Texas and Virginia, *Provided,* these states maintain a 3-year average production of at least 10,000 tons of peanuts. 4. Amend § 1216.40 by revising paragraph

(a)introductory text and paragraph (a)(1) to read as follows: § 1216.40 Establishment and membership.

(a)*Establishment of a National Peanut Board.* There is hereby established a National Peanut Board, hereinafter called the Board, composed of no more than 13 peanut producers and alternates, appointed by the Secretary from nominations as follows:

(1)*Twelve members and alternates.* One member and one alternate shall be appointed from each primary peanut-producing state, who are producers and whose nominations have been submitted by certified peanut producer organizations within a primary peanut-producing state. Dated: March 10, 2020. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-05224 Filed 3-20-20; 8:45 am]

Connectionstraces to 9

Traces to 9 documents