Mango Promotion, Research, and Information Order; Amendment to Term of Office Provision, 60541-60543 [07-5268]

Download as PDF Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations § 319.28 Notice of quarantine. * * * * * (c) The prohibition does not apply to Unshu oranges (Citrus reticulata Blanco var. unshu, Swingle [Citrus unshiu Marcovitch, Tanaka]), also known as Satsuma mandarin, grown in the Republic of Korea and imported under permit into the State of Alaska under the following conditions: (1) The Unshu oranges must be prepared for shipping using packinghouse procedures that include culling damaged or diseased fruit and cleaning the fruit with high-pressure air or water spray in combination with brushing. (2) Each shipment of Unshu oranges must be accompanied by a phytosanitary certificate from the national plant protection organization of the Republic of Korea bearing the following additional declaration: ‘‘These oranges were inspected and are considered to be free from citrus canker (Xanthomonas axonopodis pv. citri) and arrowhead scale (Unaspis yanonensis). (3) The individual boxes in which the oranges are shipped must be marked with the following: ‘‘These oranges may not be shipped to or distributed in any State other than Alaska.’’ * * * * * (f) Importations allowed in paragraphs (b), (c), (d), and (e) of this section shall be subject to the permit and other requirements under the regulations in Subpart-Fruits and Vegetables of this part. * * * * * * (Approved by the Office of Management and Budget under control number 0579–0314) Done in Washington, DC, this 19th day of October, 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–21007 Filed 10–24–07; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1206 [Docket No.: AMS–FV–07–0042; FV–07–702 FR] rwilkins on PROD1PC63 with RULES Mango Promotion, Research, and Information Order; Amendment to Term of Office Provision Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: The Department of Agriculture (USDA) is adopting, as a VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 final rule, without change, an interim final rule that modifies the term of office provision of the Mango Promotion, Research, and Information Order (Order) so that the term of office and term limit for the two wholesaler and/or retailer positions of the National Mango Board (Board) be the same as that of other members. Specifically, the amendment modifies the term of office from one year to three years, and modifies the term limit for these positions from a maximum of three consecutive one-year terms to a maximum of two consecutive three-year terms in order to conform to the requirements of the commodity Promotion, Research, and Information Act of 1996 (Act). DATES: Effective Date: October 26, 2007. FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist, Research and Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, Stop 0244– Room 0634–S, Washington, DC 20250– 0244; telephone (202) 720–9915 or (888) 720–9917 (toll free); or e-mail: kimberly.coy@usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under the Mango Promotion, Research, and Information Order [7 CFR Part 1206]. The Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 (Act) [7 U.S.C. 7411–7425]. Executive Order 12866 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. The rule is not intended to have a retroactive effect and will not affect or preempt any other State or Federal law authorizing promotion or research relating to an agricultural commodity. The Act provides that any person subject to an order may file a written petition with the Department of Agriculture (Department) if they believe that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law. In any petition, the person may request a modification of the order or an exemption from the order. The petitioner is afforded the opportunity for a hearing on the petition. After a hearing, the Department would rule on the petition. The Act provides that the district court of the United States in any district in which the petitioner resides or conducts business shall have the PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 60541 jurisdiction to review the Department’s ruling on the petition, provided a complaint is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Analysis and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 601 et seq.], the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities and has prepared this final regulatory impact analysis on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. The Small Business Administration defines, in 13 CFR Part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms as having receipts of no more than $6.5 million. First handlers, importers, wholesalers, and retailers would be considered agricultural service firms. There are approximately 5 first handlers and 55 importers subject to and assessed under the Order. The majority of these first handlers and importers would be considered small businesses while wholesalers and retailers would not. First handlers and importers who market or import less than 500,000 pounds of mangos annually are exempt from the Order. Mangos that are exported out of the United States also are exempt from assessment. In addition, domestic producers, foreign producers, wholesalers, and retailers are not subject to or assessed under the Order, but such individuals are eligible to serve on the Board along with importers and first handlers. The Mango Promotion, Research, and Information Order, which became effective November 4, 2004, is authorized under the Commodity Promotion, Research, and Information Act of 1996 (Act) [7 U.S.C. 7411–7425]. Pursuant to Section 515(b) of the Act, the Order provides for the establishment of a Board comprised of eight importers, one first handler, two domestic producers, seven foreign producers, and two non-voting wholesalers and/or retailers. The Board is responsible for carrying out promotion, research, and information activities intended to develop, maintain, and increase the demand of mangos in the United States. Appointments to the Board are made by the Secretary of Agriculture from a slate of nominated candidates. Section 515(b)(5) of the Act provides that members and alternates of a board E:\FR\FM\25OCR1.SGM 25OCR1 rwilkins on PROD1PC63 with RULES 60542 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations shall serve three-year terms of office and may serve a maximum of two consecutive three-year terms, except members and alternates appointed to the initial Board may serve terms of two, three, or four years. Currently, the Order states that the importer, first handler, domestic producers, and foreign producers each may serve a three-year term of office and may serve a maximum of two consecutive three-year terms, except members appointed to the initial Board serve staggered terms of two, three and four years. However, the Order provides one-year terms of office for wholesaler and/or retailer members, and such members may serve a maximum of three consecutive one-year terms. At its February 2007 meeting, the Board reviewed the term of office for the two wholesaler and/or retailer positions. After considerable discussion and review of alternatives, the Board approved a proposal for recommendation to the Department to modify from a one year to a two year the term of office for the wholesaler and/or retailer positions. Upon review of the Board’s proposal, the Department determined that the current term of office provision for the two wholesaler and/or retailer positions was not in conformance with the Act. Accordingly, this rule modifies the Order’s term of office provision to provide for wholesaler and/or retailer positions terms of three years with a maximum of two consecutive three-year terms. The amendment will bring the Order in conformance with the Act. Additionally, the overall impact of the amendment will be favorable for first handlers and importers because the amendment will provide greater Board continuity, align the wholesaler and/or retailer positions terms of office with other Board positions, and reduce the administrative burden of conducting nominations on an annual basis for these positions. In accordance with the Office of Management and Budget (OMB) regulation [5 CFR Part 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 et seq.], there are no new requirements contained in this rule. The information collection requirements have been previously approved by the Office of Management and Budget (OMB) under OMB control number 0581–0093. There are no federal rules that duplicate, overlap, or conflict with this rule. VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 Background The Order became effective November 3, 2004, and is authorized under the Commodity Promotion, Research, and Information Act of 1996 [7 U.S.C. 7411– 7425], and is administered by the Board. The Order provides for a 20-member Board consisting of eight importers, one first handler, two domestic producers, seven foreign producers, and two nonvoting wholesalers and/or retailers. Under the Order, the Board administers a nationally coordinated program of promotion, research, and information designed to strengthen the position of mangos in the market place and to develop, maintain, and expand the demand for mangos in the United States. The program is financed by an assessment of 1⁄2 cent per pound on first handlers and importers who market or import 500,000 pounds or more of mangos annually. Under the Order, first handlers remit assessments directly to the Board, and assessments paid by importers are collected and remitted by the United States Customs Service. Section 515(b)(5) of the Act provides that members and alternates of a board shall serve three-year terms of office and may serve a maximum of two consecutive three-year terms, except members and alternates appointed to the initial board may serve terms of two, three, or four years. Currently, with the exception of the initial Board, the Order provides a three-year term of office for first handler, importer, domestic producer, and foreign producer members, and these members may serve a maximum of two consecutive threeyear terms. First handlers, importers, domestic producers, and foreign producers who were appointed to the initial Board were assigned to serve staggered terms of office of two, three, and four years—ending December 31, 2007, 2008, 2009. Members serving an initial term of two or four years are eligible to serve a second term of three years. The terms of office for first handler, importer, domestic producer, and foreign producer positions are consistent with the Act. For the two wholesaler and/or retailer Board positions, the Order currently provides a one-year term of office and members may serve a maximum of three consecutive one-year terms. Wholesaler and/or retailer members appointed to the initial Board were appointed to serve a term of office of one year with the term ending December 31, 2007. The term of office and the term limit for the wholesaler and/or retailer positions are not in conformance with the Act. Thus, this rule will modify the Order to bring it in conformance with the Act. Also, PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 the amendment will be favorable for first handlers and importer because the amendment will provide greater Board continuity, align the wholesaler and/or retailer positions terms of office with other Board positions, and reduce the administrative burden of conducting nominations on an annual basis for these positions. Nominations and appointments to the Board are conducted pursuant to § 1206.30 establishment and membership, § 1206.31 nominations and appointments, and § 1206.32 term of office. Appointments to the Board are made by the Secretary of Agriculture from a slate of nominated candidates. Nominations for the importer, first handler, domestic producer, and foreign producer positions are made by the respective industry organizations or individuals. Nominations for the wholesaler and/or retailer positions are made by the Board. Nominations for Board positions for terms ending December 31, 2007, will be based on the amendment contained in this rule. The term of office for such appointments will commence January 1, 2008. An interim final rule concerning this action was published in the Federal Register (71 FR 41425) on July 30, 2007. Copies of the rule were made available through the Internet by USDA and the Office of the Federal Register. That rule provided a 30-day comment period which ended on August 29, 2007. One comment was received by the deadline. The commenter opposed the government regulations placed on the American people. However, the comment concerned the marketing of onions. After consideration of all relevant material presented, the Board’s recommendation, and other information, it is hereby found that this rule is consistent with and will tend to effectuate the declared policy of the Act. The interim final rule as published in the Federal Register (71 FR 41425) on July 30, 2007, is adopted as a final rule, without change. List of Subjects in 7 CFR Part 1206 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Mango promotion, reporting and recording, requirements. PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER Accordingly, the interim final rule amending 7 CFR part 1206 which was published at 71 FR 41425 on July 30, I E:\FR\FM\25OCR1.SGM 25OCR1 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 2007, is adopted as a final rule without change. Dated: October 18, 2007. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 07–5268 Filed 10–24–07; 8:45 am] BILLING CODE 3410–02–M NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AI23 List of Approved Spent Fuel Storage Casks: HI–STORM 100 Revision 4 Nuclear Regulatory Commission. ACTION: Direct final rule. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the Holtec International (Holtec) HI–STORM 100 cask system listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 4 to Certificate of Compliance (CoC) Number 1014. Amendment No. 4 will include changes to add site-specific options to the CoC to permit use of a modified HI–STORM 100 cask system at the Indian Point Unit 1 (IP1) Independent Spent Fuel Storage Installation (ISFSI). These options include the shortening of the HI– STORM 100S Version B, Multi-Purpose Canister (MPC)–32 and MPC–32F, and the HI–TRAC 100D Canister to accommodate site-specific restrictions. Additional changes address the Technical Specification (TS) definition of transport operations and associated language in the safety analysis report (SAR); the soluble boron requirements for Array/Class 14x14E IP1 fuel; the helium gas backfill requirements for Array/Class 14x14E IP1 fuel; the addition of a fifth damaged fuel container design under the TS definition for damaged fuel container; addition of separate burnup, cooling time, and decay heat limits for Array/ Class 14x14 IP1 fuel for loading in an MPC–32 and MPC–32F; addition of antimony-beryllium secondary sources as approved contents; the loading of all IP1 fuel assemblies in damaged fuel containers; the preclusion of loading of IP1 fuel debris in the MPC–32 or MPC– 32F; the reduction of the maximum enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing drawings to differentiate the IP1 MPC– VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 32 and MPC–32F from the previously approved MPC–32 and MPC–32F; and other editorial changes, including replacing all references to U.S. Tool and Die with Holtec Manufacturing Division. The final rule is effective January 8, 2008, unless significant adverse comments are received by November 26, 2007. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the Federal Register. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150–AI23) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at (301) 415–1966. Comments can also be submitted via the Federal eRulemaking Portal https://www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 pm Federal workdays [telephone (301) 415– 1966]. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at (301) 415–1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers at the NRC’s Public Document Room (PDR), O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/NRC/ADAMS/ index.html. From this site, the public can gain entry into the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s DATES: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 60543 public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. An electronic copy of the CoC No. 1014, the revised TS, and the preliminary safety evaluation report (SER) for Amendment No. 4 can be found in a package under ADAMS Accession No. ML072220481. CoC No. 1014, the revised TS, the preliminary SER for Amendment No. 4, and the environmental assessment are available for inspection at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone (301) 415–6219, e-mail jmm2@nrc.gov. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415– 6219, e-mail jmm2@nrc.gov. SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that ‘‘[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the NWPA states, in part, that ‘‘[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR Part 72, which added a new Subpart K within 10 CFR Part 72, entitled ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new Subpart L within 10 E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Pages 60541-60543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5268]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Docket No.: AMS-FV-07-0042; FV-07-702 FR]


Mango Promotion, Research, and Information Order; Amendment to 
Term of Office Provision

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim final rule that modifies the term of 
office provision of the Mango Promotion, Research, and Information 
Order (Order) so that the term of office and term limit for the two 
wholesaler and/or retailer positions of the National Mango Board 
(Board) be the same as that of other members. Specifically, the 
amendment modifies the term of office from one year to three years, and 
modifies the term limit for these positions from a maximum of three 
consecutive one-year terms to a maximum of two consecutive three-year 
terms in order to conform to the requirements of the commodity 
Promotion, Research, and Information Act of 1996 (Act).

DATES: Effective Date: October 26, 2007.

FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist, 
Research and Promotion Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, USDA, Stop 0244-Room 0634-S, 
Washington, DC 20250-0244; telephone (202) 720-9915 or (888) 720-9917 
(toll free); or e-mail: kimberly.coy@usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under the Mango 
Promotion, Research, and Information Order [7 CFR Part 1206]. The Order 
is authorized under the Commodity Promotion, Research, and Information 
Act of 1996 (Act) [7 U.S.C. 7411-7425].

Executive Order 12866

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. The rule is not intended to have a retroactive effect 
and will not affect or preempt any other State or Federal law 
authorizing promotion or research relating to an agricultural 
commodity.
    The Act provides that any person subject to an order may file a 
written petition with the Department of Agriculture (Department) if 
they believe that the order, any provision of the order, or any 
obligation imposed in connection with the order, is not established in 
accordance with law. In any petition, the person may request a 
modification of the order or an exemption from the order. The 
petitioner is afforded the opportunity for a hearing on the petition. 
After a hearing, the Department would rule on the petition. The Act 
provides that the district court of the United States in any district 
in which the petitioner resides or conducts business shall have the 
jurisdiction to review the Department's ruling on the petition, 
provided a complaint is filed not later than 20 days after the date of 
the entry of the ruling.

Regulatory Flexibility Analysis and Paperwork Reduction Act

    In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 
601 et seq.], the Agricultural Marketing Service (AMS) has considered 
the economic impact of this rule on small entities and has prepared 
this final regulatory impact analysis on a substantial number of small 
entities. The purpose of the RFA is to fit regulatory actions to the 
scale of business subject to such actions in order that small 
businesses will not be unduly or disproportionately burdened.
    The Small Business Administration defines, in 13 CFR Part 121, 
small agricultural producers as those having annual receipts of no more 
than $750,000 and small agricultural service firms as having receipts 
of no more than $6.5 million. First handlers, importers, wholesalers, 
and retailers would be considered agricultural service firms. There are 
approximately 5 first handlers and 55 importers subject to and assessed 
under the Order. The majority of these first handlers and importers 
would be considered small businesses while wholesalers and retailers 
would not.
    First handlers and importers who market or import less than 500,000 
pounds of mangos annually are exempt from the Order. Mangos that are 
exported out of the United States also are exempt from assessment. In 
addition, domestic producers, foreign producers, wholesalers, and 
retailers are not subject to or assessed under the Order, but such 
individuals are eligible to serve on the Board along with importers and 
first handlers.
    The Mango Promotion, Research, and Information Order, which became 
effective November 4, 2004, is authorized under the Commodity 
Promotion, Research, and Information Act of 1996 (Act) [7 U.S.C. 7411-
7425]. Pursuant to Section 515(b) of the Act, the Order provides for 
the establishment of a Board comprised of eight importers, one first 
handler, two domestic producers, seven foreign producers, and two non-
voting wholesalers and/or retailers. The Board is responsible for 
carrying out promotion, research, and information activities intended 
to develop, maintain, and increase the demand of mangos in the United 
States. Appointments to the Board are made by the Secretary of 
Agriculture from a slate of nominated candidates.
    Section 515(b)(5) of the Act provides that members and alternates 
of a board

[[Page 60542]]

shall serve three-year terms of office and may serve a maximum of two 
consecutive three-year terms, except members and alternates appointed 
to the initial Board may serve terms of two, three, or four years. 
Currently, the Order states that the importer, first handler, domestic 
producers, and foreign producers each may serve a three-year term of 
office and may serve a maximum of two consecutive three-year terms, 
except members appointed to the initial Board serve staggered terms of 
two, three and four years. However, the Order provides one-year terms 
of office for wholesaler and/or retailer members, and such members may 
serve a maximum of three consecutive one-year terms.
    At its February 2007 meeting, the Board reviewed the term of office 
for the two wholesaler and/or retailer positions. After considerable 
discussion and review of alternatives, the Board approved a proposal 
for recommendation to the Department to modify from a one year to a two 
year the term of office for the wholesaler and/or retailer positions. 
Upon review of the Board's proposal, the Department determined that the 
current term of office provision for the two wholesaler and/or retailer 
positions was not in conformance with the Act. Accordingly, this rule 
modifies the Order's term of office provision to provide for wholesaler 
and/or retailer positions terms of three years with a maximum of two 
consecutive three-year terms.
    The amendment will bring the Order in conformance with the Act. 
Additionally, the overall impact of the amendment will be favorable for 
first handlers and importers because the amendment will provide greater 
Board continuity, align the wholesaler and/or retailer positions terms 
of office with other Board positions, and reduce the administrative 
burden of conducting nominations on an annual basis for these 
positions.
    In accordance with the Office of Management and Budget (OMB) 
regulation [5 CFR Part 1320] which implements the Paperwork Reduction 
Act of 1995 [44 U.S.C. Chapter 35], the information collection 
requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 
et seq.], there are no new requirements contained in this rule. The 
information collection requirements have been previously approved by 
the Office of Management and Budget (OMB) under OMB control number 
0581-0093.
    There are no federal rules that duplicate, overlap, or conflict 
with this rule.

Background

    The Order became effective November 3, 2004, and is authorized 
under the Commodity Promotion, Research, and Information Act of 1996 [7 
U.S.C. 7411-7425], and is administered by the Board. The Order provides 
for a 20-member Board consisting of eight importers, one first handler, 
two domestic producers, seven foreign producers, and two non-voting 
wholesalers and/or retailers.
    Under the Order, the Board administers a nationally coordinated 
program of promotion, research, and information designed to strengthen 
the position of mangos in the market place and to develop, maintain, 
and expand the demand for mangos in the United States. The program is 
financed by an assessment of \1/2\ cent per pound on first handlers and 
importers who market or import 500,000 pounds or more of mangos 
annually. Under the Order, first handlers remit assessments directly to 
the Board, and assessments paid by importers are collected and remitted 
by the United States Customs Service.
    Section 515(b)(5) of the Act provides that members and alternates 
of a board shall serve three-year terms of office and may serve a 
maximum of two consecutive three-year terms, except members and 
alternates appointed to the initial board may serve terms of two, 
three, or four years. Currently, with the exception of the initial 
Board, the Order provides a three-year term of office for first 
handler, importer, domestic producer, and foreign producer members, and 
these members may serve a maximum of two consecutive three-year terms. 
First handlers, importers, domestic producers, and foreign producers 
who were appointed to the initial Board were assigned to serve 
staggered terms of office of two, three, and four years--ending 
December 31, 2007, 2008, 2009. Members serving an initial term of two 
or four years are eligible to serve a second term of three years. The 
terms of office for first handler, importer, domestic producer, and 
foreign producer positions are consistent with the Act.
    For the two wholesaler and/or retailer Board positions, the Order 
currently provides a one-year term of office and members may serve a 
maximum of three consecutive one-year terms. Wholesaler and/or retailer 
members appointed to the initial Board were appointed to serve a term 
of office of one year with the term ending December 31, 2007. The term 
of office and the term limit for the wholesaler and/or retailer 
positions are not in conformance with the Act. Thus, this rule will 
modify the Order to bring it in conformance with the Act. Also, the 
amendment will be favorable for first handlers and importer because the 
amendment will provide greater Board continuity, align the wholesaler 
and/or retailer positions terms of office with other Board positions, 
and reduce the administrative burden of conducting nominations on an 
annual basis for these positions.
    Nominations and appointments to the Board are conducted pursuant to 
Sec.  1206.30 establishment and membership, Sec.  1206.31 nominations 
and appointments, and Sec.  1206.32 term of office. Appointments to the 
Board are made by the Secretary of Agriculture from a slate of 
nominated candidates. Nominations for the importer, first handler, 
domestic producer, and foreign producer positions are made by the 
respective industry organizations or individuals. Nominations for the 
wholesaler and/or retailer positions are made by the Board. Nominations 
for Board positions for terms ending December 31, 2007, will be based 
on the amendment contained in this rule. The term of office for such 
appointments will commence January 1, 2008.
    An interim final rule concerning this action was published in the 
Federal Register (71 FR 41425) on July 30, 2007. Copies of the rule 
were made available through the Internet by USDA and the Office of the 
Federal Register. That rule provided a 30-day comment period which 
ended on August 29, 2007. One comment was received by the deadline.
    The commenter opposed the government regulations placed on the 
American people. However, the comment concerned the marketing of 
onions.
    After consideration of all relevant material presented, the Board's 
recommendation, and other information, it is hereby found that this 
rule is consistent with and will tend to effectuate the declared policy 
of the Act. The interim final rule as published in the Federal Register 
(71 FR 41425) on July 30, 2007, is adopted as a final rule, without 
change.

List of Subjects in 7 CFR Part 1206

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Mango promotion, reporting and 
recording, requirements.

PART 1206--MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER

0
Accordingly, the interim final rule amending 7 CFR part 1206 which was 
published at 71 FR 41425 on July 30,

[[Page 60543]]

2007, is adopted as a final rule without change.

    Dated: October 18, 2007.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 07-5268 Filed 10-24-07; 8:45 am]
BILLING CODE 3410-02-M