Adjustments to Mango Board Representation, 65683-65687 [2022-23661]
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65683
Proposed Rules
Federal Register
Vol. 87, No. 210
Tuesday, November 1, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1206
[Doc. No. AMS–SC–21–0101]
Agricultural Marketing Service,
USDA.
ACTION:
Proposed rule.
This proposal invites
comments on changes to the
representation of the National Mango
Board (Board) under the Mango
Promotion, Research and Information
Order (Order). This action would
allocate the seven foreign producer
Board seats to the top five mango
exporting countries, based on mango
volume exported to the United States,
with an additional seat allocated to the
top exporting country, and one at-large
seat. In addition, the proposal would
require no more than one Board member
be employed by or be affiliated with the
same company. The Board administers
the Order with oversight by Agricultural
Marketing Service (AMS). This rule was
recommended by the Board and is
issued with the concurrence of AMS.
DATES: Comments must be received by
January 3, 2023.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule. All
comments must be submitted through
the Federal e-rulemaking portal at
https://www.regulations.gov and
reference the document number and the
date and page number of this issue of
the Federal Register. All comments
submitted in response to this proposed
rule will be included in the rulemaking
record and will be made available to the
public. Please be advised that the
identity of the individuals or entities
submitting comments will be made
public on the internet at https://
www.regulations.gov.
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SUMMARY:
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George Webster, Marketing Specialist,
Mid Atlantic Branch, Market
Development Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, Room 1406–
S, Stop 0244, Washington, DC 20250–
0244; Telephone: (202) 365–4172; or
Email: George.Webster@usda.gov.
SUPPLEMENTARY INFORMATION: This
proposal is issued under the Order (7
CFR part 1206). The Order is authorized
under the Commodity Promotion,
Research, and Information Act of 1996
(1996 Act) (7 U.S.C. 7411–7425).
Executive Orders 12866 and 13563
Adjustments to Mango Board
Representation
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review.
Executive Order 13175
This action has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. Agricultural Marketing
Service (AMS) has assessed the impact
of this proposed rule on Indian tribes
and determined that this rule would not
have tribal implications that require
consultation under Executive Order
13175. AMS hosts a quarterly
teleconference with tribal leaders where
matters of mutual interest regarding the
marketing of agricultural products are
discussed. Information about the
proposed changes to the regulations will
be shared during an upcoming quarterly
call, and tribal leaders will be informed
about the proposed revisions to the
regulation and the opportunity to
submit comments. AMS will work with
the USDA Office of Tribal Relations to
ensure meaningful consultation is
provided as needed with regards to this
change to the Order.
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Executive Order 12988
This proposal 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.
Under section 519 of the 1996 Act (7
U.S.C. 7418), a person subject to an
order may file a written petition with
United States Department of Agriculture
(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 proposed rule invites comments
on adjustments to the Board’s
representation under the Order. The
Board administers the Order with
oversight by AMS. The Order took effect
in November 2004 (69 FR 59120), and
assessment collection began in January
2005 for fresh mangos. The program is
funded by assessments on first handlers
and importers of fresh mangos, and it
focuses on maintaining and expanding
existing markets and uses for fresh
mangos through its research, promotion,
and information efforts. This proposed
action would allocate the seven foreign
producer Board seats as follows: one to
each of the top five exporting countries,
based on mango volume exported to the
United States; one additional seat
allocated to the top exporting country;
and one at-large seat allocated to a
foreign producer from any country
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Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Proposed Rules
exporting mangos to the United States.
This would help ensure that the
countries that export the most mangos
to the U.S. would be represented on the
Board. Conforming changes would also
be made to the nomination procedures
to facilitate the reallocation of foreign
producer Board seats.
Additionally, the proposal would
require that no more than one member
per company be represented on the
Board at the same time. This change
would give more companies an
opportunity to serve on the Board. The
proposed changes were recommended
by the Board at its meeting on
November 18, 2021. The Board was not
unanimously in favor of this
recommendation. The resulting vote
from the motion was as follows; ten
members voted in favor, three members
were not in favor, two members
abstained from voting, one member was
absent, and two Board seats were
vacant. At the Board’s meeting on
March 15, 2022, AMS presented two
options regarding the transition period
of the foreign producer Board seats: (1)
Gradually make these changes as Board
terms cycled out; or (2) Enact these
changes immediately and potentially
risk having to ask one or more Board
members to step down from their
position in order to meet the new
representation requirements. However,
if after the 2023 Board is selected, the
foreign producer seats align with the
representation requirements, no action
would be needed. After much
discussion, the Board recommended
that these changes be enacted
immediately. The resulting vote from
the motion was 11 members in favor,
four members not in favor, two members
absent, and one Board seat was vacant.
Adjustment of Membership
Section 1206.30(a) of the Order
currently specifies that the Board be
composed of 18 members—eight
importers, one first handler, two
domestic producers, and seven foreign
producers—appointed by the Secretary
of Agriculture (Secretary). The importer
seats are allocated based on the volume
of mangos imported into U.S. Customs
and Border Protection (Customs)
Districts identified by name and code
number defined in the Harmonized
Tariff Schedule of the United States.
There are four districts, with two seats
allocated for District I; three seats
allocated for District II; two seats
allocated for District III; and one seat
allocated for District IV.
The seven foreign producer seats are
currently chosen by the Secretary from
nominations provided by organizations
of foreign mango producers and foreign
mango producers who self-nominate.
Both the mango industry and the Board
have stated that the top countries
exporting mango to the U.S. need
representation on the Board to help
oversee assessment allocation and be
more involved in improving fruit
quality, volume, demand, and
consumption of mangos in the U.S.
Sections 1206.36(m) and 1206.77 of
the Order allow for the Board to
recommend changes to the Order as the
Board considers appropriate. On
November 18, 2021, and again on March
15, 2022, the Board reviewed data from
the USDA, Foreign Agricultural Service
(FAS), Global Agricultural Trade System
(GATS).1 After reviewing the data,
discussion, and the Board wanting
representation for each of the top five
countries that export mangos to the
U.S., the Board recommended the
following: (1) five of the seven foreign
producer seats shall be allocated to
foreign producers from the top five
exporting countries to the U.S.; (2) one
additional foreign producer seat shall be
allocated to the top exporting country;
and (3) one seat shall be considered atlarge, which means it may be allocated
to a foreign producer from any country
that exports mangos to the U.S. The data
is summarized in Table 1 below:
TABLE 1—ANNUAL U.S. FRESH MANGO IMPORT QUANTITIES BY COUNTRY OF ORIGIN
[In 10,000 lb units]
2019
2020
2021
Average
Mexico ..................................................................................
Peru ......................................................................................
Ecuador ................................................................................
Brazil ....................................................................................
Guatemala ............................................................................
Haiti ......................................................................................
Other (15 countries) .............................................................
71,733
11,855
9,775
8,809
2,959
1,839
1,718
75,623
16,297
11,696
10,629
2,427
2,562
1,849
74,466
16,013
11,968
11,379
3,385
2,671
3,180
73,941
14,722
11,147
10,272
2,924
2,357
2,249
Total ..............................................................................
108,689
121,083
123,062
117,611
Percent
62.9
12.5
9.5
8.7
2.5
2
1.9
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Source: U.S. Department of Agriculture Global Agricultural Trade System.
As shown in Table 1, over the past
three years (2019–2021) 96.1 percent of
the total fresh-whole mango imported
into the United States was supplied by
five countries: Mexico with 62.9%, Peru
with 12.5%, Ecuador with 9.5%, Brazil
with 8.7%, and Guatemala with 2.5%.
Furthermore, each of these countries
is the main supplier of mango to U.S
markets during specific times of the
year. Therefore, the performance and
success of each of the top five countries
exporting mangos to the U.S. during
their season affects the U.S. mango
market, not just during their season but
for subsequent mango suppliers as well.
The Board believes that it is important
that each of the top five countries
exporting mangos to the U.S. be
represented on the Board. Further,
because Mexico currently provides the
majority of mangos exported to the
United States, it is valuable to have
multiple representatives providing
insight on the situation of the mango
industry in that country. Therefore, this
proposal would allocate five of the
seven foreign producer Board seats to
each of the top five countries based on
the three-year average mango volume
exported to the United States, with an
additional seat allocated to the top
exporting country (currently Mexico).
One at-large seat would continue to be
allocated to a foreign producer from any
country exporting mangos to the United
States.
This proposed change would allow
the Board’s membership to better reflect
the distribution of foreign mangos
exported to the United States, while
providing an opportunity for a more
diverse pool of candidates. AMS
oversees the mango program and
1 https://apps.fas.usda.gov/gats/default.aspx.
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participates in Board meetings. This
proposed action is consistent with
AMS’s priorities and oversight of the
Order.
The Board is currently conducting
nominations for three foreign producer
seats whose three-year term of office
begins January 1, 2023. All three foreign
producer members whose seats are
expiring on December 31, 2022, are in
their second consecutive term and are
therefore not eligible for reappointment. Starting on January 1,
2023, the Board will have foreign
producer members from the following
countries: Mexico (two), Peru (one),
Guatemala (one), with three open seats.
Depending upon what countries the
Secretary chooses for the three open
seats for the 2023 Board, in order to
align with the proposed foreign
producer representation, one of these
open seats would need to be from
Ecuador and one seat would need to be
from Brazil, with one at-large member
from any country that exports mango to
the U.S. Since the Secretary’s selections
are not known, and this realignment is
not currently in place, the members
chosen for the three open seats whose
terms begin January 1, 2023, would have
to be reviewed by the Board and USDA.
Should this proposal be adopted, six of
the seven Board foreign producer seats
would need to represent all five top
exporting countries, based on the 2019–
2021 three-year average volume
imported into the U.S. as determined
from the USDA, FAS data. Currently,
that would mean that the seven foreign
producer seats would be distributed as
follows: Mexico two seats, Peru one
seat, Ecuador one seat, Brazil one seat,
Guatemala one seat, and one at-large
seat.
After AMS review of the current
Board representation, if the foreign
producer seats are aligned with the
representation requirements, no action
would be taken. If the representation
requirements are not met, one or more
Board members may need to step down
from their role if established as
proposed. The Board discussed two
options: (1) to allow Board members to
cycle off the Board as their terms expire;
or (2) to enact the proposed
representation provisions immediately
and potentially risk asking members to
step down. The Board voted during
their March 15, 2022, meeting to move
forward with option 2, to immediately
enact the changes. AMS oversees the
mango program and participates in all
Board meetings, and the Secretary is
responsible for the selection of all Board
members. As such, all effort would be
undertaken to avoid disruption of the
Board as currently established should
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the changes that are herein proposed be
adopted.
Once the Board is appointed and
realigned to represent the top five
countries exporting mangos to the
United States, every three years
thereafter, the Board will review the
USDA, FAS, data and if warranted,
recommend to the USDA changes to the
top five exporting countries to the
United States. These recommendations
would need to be made before the
nomination process begins the following
year.
Nominations and Appointments
Section 1206.31 establishes the
procedures for nominations to obtain
Board nominees for appointment. The
Board discussed at its November 18,
2021, meeting, and several other
occasions, allowing individuals from
the same or related companies to serve
on the Board at the same time.
Occurrences of this nature have
increased over time, especially from
companies who participate in the
nomination process. The concerns are
mainly from U.S. importers who believe
that the same few companies continue
to have additional representatives
appointed to the Board while they are
already represented on the Board.
This situation has occurred multiple
times since the Board’s inception.
However, with an industry focus on
increasing the diversity of the Board, the
Board recommended limiting the
number of Board members that may
represent any one affiliated business
interest, however organized. Therefore,
this proposal would amend § 1206.31 of
the Order to add paragraph (i), which
provides that no more than one Board
member shall be employed by or be
affiliated with a single or multiple
corporations, companies, or
partnerships or any other legal entities
with common ownership, foreign or
domestic.
This change is intended to help
increase the number of organizations
represented on the Board, and expand
the diversity of experience, expertise,
and location of members on the Board.
This proposed action is consistent with
AMS’s priorities and oversight of the
Order.
Vacancies
Section 1206.33 establishes
procedures for vacancies on the Board.
It describes what to do if the Board
member is no longer a member of the
category for which they are appointed,
if a member is not able to fulfill their
position, and how to fill an unexpired
term. With the Board’s proposal to have
no more than one member on the Board
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65685
per company, this section will be
updated. Section 1206.33(d) would be
added to address the situation where, if
a Board member becomes employed or
affiliated with another Board member’s
company during their term, such
position would automatically become
vacant.
Initial Regulatory Flexibility Act
Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS has considered the economic
impact of this action on small entities
that would be affected by this rule. The
purpose of the RFA is to fit regulatory
action to scale on businesses subject to
such action so that small businesses will
not be disproportionately burdened. The
Small Business Administration defines
small agricultural service firms as those
having annual receipts of no more than
$30 million (13 CFR part 121). First
handlers and importers would be
considered agricultural service firms.
According to the most recent U.S.
Agricultural Census, which was
published in 2017, a limited number of
mangos are produced in the U.S. and
territories of California, Florida, Hawaii,
Texas, and Puerto Rico. The majority of
U.S. demand for mangos is met by
imports. In 2017, the U.S. had a total of
3,328 acres of mangos, up 322 acres (11
percent) from 2012. The Agricultural
Census does not breakdown the
allocation of acreage by state. According
to USDA Foreign Agricultural Service
data obtained from the Global
Agricultural Trade System (GATS), five
countries account for 96.1 percent of
fresh mango imports. These countries
and their respective share of the imports
(from January 2019 to December 2021)
include Mexico (62.9%); Peru (12.5%);
Ecuador (9.5%); Brazil (8.7%); and
Guatemala (2.5%).
The following are not subject to the
assessment: mango producers, first
handlers and importers who market or
import less than 500,000 pounds of
mangos, and mangos exported out of the
United States.
According to Customs data, in 2021
there were 295 importers and 2 first
handlers. Of these entities, 95 were
subject to assessments under the Order
and had 2021 import quantities of
500,000 pounds or more. There were 3
entities with import valuations
exceeding $30 million dollars.
Therefore, the majority of assessed
importers and first handlers (92 out of
95) may be considered small businesses.
The proposed rule seeks to increase
the pool of nominees from countries
that export mangos to the United States.
The Board wants to receive
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representation from all growing regions
that export mangos into the United
States. The proposed rule provides an
opportunity to increase diversity and
would not place undue economic
burden on small business importers and
first handlers as they are eligible to
serve on the Board. Domestic and
foreign producers that are classified as
small business entities are also not
burdened since they are not subject to
assessment under the Order, still such
individuals are eligible to serve on the
Board along with importers and first
handlers.
This rule does not impose additional
recordkeeping requirements on first
handlers, importers, or producers of
mangos. There are no Federal rules that
duplicate, overlap, or conflict with this
rule. In accordance with the Office of
Management and Budget (OMB)
regulation (5 CFR part 1320) that
implements the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35), the
information collection and
recordkeeping requirements that are
imposed by the Order have been
previously approved under OMB
control number 0581–0093. This rule
does not result in a change to the
information collection and
recordkeeping requirements previously
approved.
Regarding alternatives, the Board
discussed in detail the option to keep
the foreign producer Board member seat
allocation as-is. The Board reviewed
information provided from the staff that
showed, since the Board’s formation, all
foreign producer appointments have
been from the same five countries
(Mexico, Guatemala, Peru, Ecuador, and
Brazil), and that in 2022 the Board will
have seven foreign producers
representing only three countries. The
Board believes that foreign producer
representation should be from each of
the top five countries exporting mangos
to the United States, and to have an atlarge seat available to a foreign producer
from any country exporting mangos to
the United States. As such, this change
is being proposed to help realign the
Board’s membership to better reflect the
distribution of foreign grown mangos
exported to the U.S. AMS oversees the
mango program and participates in
Board meetings. This proposed action is
consistent with AMS’s priorities and
oversight of the Order.
The Board also considered allowing
more than one member per company to
sit on the Board at the same time.
Throughout the history of the National
Mango Board, there have been multiple
instances where Board members from
the same company served on the Board
at the same time. However, the Board
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members agreed that the industry has
grown and evolved and, therefore, it is
important to increase the industry’s
participation on the Board and increase
the diversity of individuals serving on
the Board. This proposed action would
revise the Order to provide that no more
than one member shall be employed by
or be affiliated with the same company.
This change was proposed to help
increase the opportunity for more
company representatives to serve on the
Board and to expand the diversity of
experience, expertise, and location of
members. AMS encourages efforts to
increase the diversity of representation
on the Board.
Regarding outreach efforts, the Board
discussed this action during Board
meetings in 2020, and in meetings
during March and November of 2021,
and the Board meeting in March 2022.
This proposed action was also presented
during the Foreign Mango Organization
meeting in February 2022. Attendees
from this meeting included
representatives from the following
countries: Mexico, Ecuador, Peru,
Guatemala, Brazil, Colombia, and the
Dominican Republic. All of the Board’s
meetings are open to the public and
interested persons are invited to
participate and express their views.
We have performed this initial RFA
analysis regarding the impact of the
proposed action on small entities and
we invite comments concerning the
potential effects of this action. AMS is
committed to complying with the EGovernment Act, to promote the use of
the internet and other information
technologies to provide increased
opportunities or citizen access to
Government information and services,
and for other purposes.
AMS has determined that this
proposed rule is consistent with and
would effectuate the purpose of the
1996 Act.
A 60-day comment period is provided
to allow interested persons to respond
to this proposal. All written comments
received in response to this proposed
rule by the date specified will be
considered prior to finalizing this
action.
List of Subjects in 7 CFR Part 1206
Administrative practice and
procedure, Advertising, Agricultural
research, Consumer information,
Mango, Marketing agreements,
Reporting and recording requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part
1206 as follows:
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PART 1206—MANGO RESEARCH,
PROMOTION, AND INFORMATION
1. The authority citation for part 1206
continues to read as follows:
■
Authority: 7 U.S.C. 7411–7425 and 7
U.S.C. 7401.
2. In § 1206.30, revise paragraph (c)
and add paragraph (d) to read as
follows:
■
§ 1206.30
Establishment and membership.
*
*
*
*
*
(c) Foreign producers. The seven
Board seats for foreign producers of
mangos shall be allocated based on a
three-year average volume of mangos
exported to the United States from a
foreign country as follows:
(1) Five of the seven seats shall be
allocated to foreign producers from the
top five exporting countries to the
United States;
(2) One additional seat shall be
allocated to the top exporting country
that exports the most mangos to the
United States; and,
(3) The one remaining seat shall be
considered at-large, which means it may
be allocated to a foreign producer from
any country that exports mangos to the
United States.
(d) Adjustment of membership. The
Board seats will be adjusted as follows:
(1) At least once every five years, the
producer and importer seats shall be
reviewed. The Board will review the
geographical distribution of production
of mangos in the United States, the
geographical distribution of the
importation of mangos into the United
States, the quantity of mangos produced
in the United States, and the quantity of
mangos imported into the United States.
The review will be based on Board
assessment records and statistics from
the Department. If warranted, the Board
will recommend to the Department that
membership on the Board be altered to
reflect any changes in geographical
distribution of domestic mango
production and importation, and the
quantity of domestic production and
imports. To ensure equitable
representation, additional first handlers
may be added to the Board to reflect
increases in domestic production.
(2) Every three-years the foreign
producer seats shall be reviewed. A
three-year average volume of mangos
exported from a foreign country to the
United States will determine the top
five mango exporting countries. The
three-year average will be based on
import volume data from the USDA,
Foreign Agricultural Service, Global
Agricultural Trade System for the three
complete preceding years. If warranted,
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the Board will recommend to the
Department that foreign producer
membership on the Board be altered to
reflect the three-year average volume of
mangos exported to the United States by
the top five exporting countries.
■ 3. In § 1206.31, revise paragraph (g)
and add paragraph (i) to read as follows:
§ 1206.31
Nominations and appointments.
*
*
*
*
*
(g) Nominees to fill the foreign
producer member positions on the
Board shall be solicited from
organizations of foreign mango
producers and from foreign mango
producers. Organizations of foreign
mango producers shall submit two
nominees for each position, and foreign
mango producers may submit their
name or the names of other foreign
mango producers directly to the Board.
The nominees shall be representative of
the major countries exporting mangos to
the United States as specified in
§ 1206.30.
*
*
*
*
*
(i) No more than one member shall be
employed by or be affiliated with a
single or multiple corporations,
companies, or partnerships or any other
legal entities with common ownership,
foreign or domestic.
■ 4. In § 1206.33, add paragraph (d) to
read as follows:
§ 1206.33
Vacancies.
*
*
*
*
*
(d) In the event that a Board member
becomes employed or affiliated with
another Board member’s corporation,
company, partnership or other legal
entity during the Board member’s term,
such position shall automatically
become vacant.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2022–23661 Filed 10–31–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF ENERGY
10 CFR Part 430
lotter on DSK11XQN23PROD with PROPOSALS1
[EERE–2021–BT–STD–0029]
RIN 1904–AE64
Energy Conservation Program: Energy
Conservation Standards for Consumer
Furnace Fans
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
VerDate Sep<11>2014
16:25 Oct 31, 2022
Jkt 259001
Notification of availability of
preliminary technical support document
and request for comment.
ACTION:
The U.S. Department of
Energy (‘‘DOE’’) announces the
availability of the preliminary analysis
it has conducted for purposes of
evaluating the needed for amended
energy conservation standards for
consumer furnace fans, which is set
forth in the Department’s preliminary
technical support document (‘‘TSD’’) for
this rulemaking. DOE will hold a public
meeting via webinar to discuss and
receive comment on the preliminary
analysis. The meeting will cover the
analytical framework, models, and tools
used to evaluate potential standards; the
results of preliminary analyses
performed by DOE; the potential energy
conservation standard levels derived
from these analyses (if DOE determines
that proposed amendments are
necessary); and other relevant issues. In
addition, DOE encourages written
comments on these subjects.
DATES:
Comments: Written comments and
information will be accepted on or
before, January 3, 2023.
Meeting: DOE will hold a webinar on
Monday, December 5th, 2022, from 1:00
p.m. to 3:00 p.m. See section IV, ‘‘Public
Participation,’’ for webinar registration
information, participant instructions
and information about the capabilities
available to webinar participants.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov, under docket
number EERE–2021–BT–STD–0029.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments,
identified by docket number EERE–
2021–BT–STD–0029, by any of the
following methods:
(1) Email:
ConsumerFurnFan2021STD0029@
ee.doe.gov. Include the docket number
EERE–2021–BT–STD–0029 in the
subject line of the message.
(2) Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
SUMMARY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
65687
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
IV of this document.
To inform interested parties and to
facilitate this rulemaking process, DOE
has prepared an agenda, a preliminary
TSD, and briefing materials, which are
available on the DOE website at:
www.regulations.gov/docket/EERE2021-BT-STD-0029.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, public meeting
transcripts, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
www.regulations.gov/docket/EERE2021-BT-STD-0029. The docket web
page contains instructions on how to
access all documents, including public
comments in the docket. See section
IV.D of this document for information
on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Catherine Rivest, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
7335. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Matthew Schneider, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240) 597–
6265. Email: matthew.schneider@
hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the public meeting, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
E:\FR\FM\01NOP1.SGM
01NOP1
]]>Agencies
[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Proposed Rules]
[Pages 65683-65687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23661]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 /
Proposed Rules
[[Page 65683]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1206
[Doc. No. AMS-SC-21-0101]
Adjustments to Mango Board Representation
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposal invites comments on changes to the
representation of the National Mango Board (Board) under the Mango
Promotion, Research and Information Order (Order). This action would
allocate the seven foreign producer Board seats to the top five mango
exporting countries, based on mango volume exported to the United
States, with an additional seat allocated to the top exporting country,
and one at-large seat. In addition, the proposal would require no more
than one Board member be employed by or be affiliated with the same
company. The Board administers the Order with oversight by Agricultural
Marketing Service (AMS). This rule was recommended by the Board and is
issued with the concurrence of AMS.
DATES: Comments must be received by January 3, 2023.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. All comments must be submitted through
the Federal e-rulemaking portal at https://www.regulations.gov and
reference the document number and the date and page number of this
issue of the Federal Register. All comments submitted in response to
this proposed rule will be included in the rulemaking record and will
be made available to the public. Please be advised that the identity of
the individuals or entities submitting comments will be made public on
the internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: George Webster, Marketing Specialist,
Mid Atlantic Branch, Market Development Division, Specialty Crops
Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop
0244, Washington, DC 20250-0244; Telephone: (202) 365-4172; or Email:
[email protected].
SUPPLEMENTARY INFORMATION: This proposal is issued under the Order (7
CFR part 1206). The Order is authorized under the Commodity Promotion,
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules and promoting flexibility.
This action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. Agricultural Marketing Service (AMS) has assessed
the impact of this proposed rule on Indian tribes and determined that
this rule would not have tribal implications that require consultation
under Executive Order 13175. AMS hosts a quarterly teleconference with
tribal leaders where matters of mutual interest regarding the marketing
of agricultural products are discussed. Information about the proposed
changes to the regulations will be shared during an upcoming quarterly
call, and tribal leaders will be informed about the proposed revisions
to the regulation and the opportunity to submit comments. AMS will work
with the USDA Office of Tribal Relations to ensure meaningful
consultation is provided as needed with regards to this change to the
Order.
Executive Order 12988
This proposal 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.
Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject
to an order may file a written petition with United States Department
of Agriculture (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 proposed rule invites comments on adjustments to the Board's
representation under the Order. The Board administers the Order with
oversight by AMS. The Order took effect in November 2004 (69 FR 59120),
and assessment collection began in January 2005 for fresh mangos. The
program is funded by assessments on first handlers and importers of
fresh mangos, and it focuses on maintaining and expanding existing
markets and uses for fresh mangos through its research, promotion, and
information efforts. This proposed action would allocate the seven
foreign producer Board seats as follows: one to each of the top five
exporting countries, based on mango volume exported to the United
States; one additional seat allocated to the top exporting country; and
one at-large seat allocated to a foreign producer from any country
[[Page 65684]]
exporting mangos to the United States. This would help ensure that the
countries that export the most mangos to the U.S. would be represented
on the Board. Conforming changes would also be made to the nomination
procedures to facilitate the reallocation of foreign producer Board
seats.
Additionally, the proposal would require that no more than one
member per company be represented on the Board at the same time. This
change would give more companies an opportunity to serve on the Board.
The proposed changes were recommended by the Board at its meeting on
November 18, 2021. The Board was not unanimously in favor of this
recommendation. The resulting vote from the motion was as follows; ten
members voted in favor, three members were not in favor, two members
abstained from voting, one member was absent, and two Board seats were
vacant. At the Board's meeting on March 15, 2022, AMS presented two
options regarding the transition period of the foreign producer Board
seats: (1) Gradually make these changes as Board terms cycled out; or
(2) Enact these changes immediately and potentially risk having to ask
one or more Board members to step down from their position in order to
meet the new representation requirements. However, if after the 2023
Board is selected, the foreign producer seats align with the
representation requirements, no action would be needed. After much
discussion, the Board recommended that these changes be enacted
immediately. The resulting vote from the motion was 11 members in
favor, four members not in favor, two members absent, and one Board
seat was vacant.
Adjustment of Membership
Section 1206.30(a) of the Order currently specifies that the Board
be composed of 18 members--eight importers, one first handler, two
domestic producers, and seven foreign producers--appointed by the
Secretary of Agriculture (Secretary). The importer seats are allocated
based on the volume of mangos imported into U.S. Customs and Border
Protection (Customs) Districts identified by name and code number
defined in the Harmonized Tariff Schedule of the United States. There
are four districts, with two seats allocated for District I; three
seats allocated for District II; two seats allocated for District III;
and one seat allocated for District IV.
The seven foreign producer seats are currently chosen by the
Secretary from nominations provided by organizations of foreign mango
producers and foreign mango producers who self-nominate. Both the mango
industry and the Board have stated that the top countries exporting
mango to the U.S. need representation on the Board to help oversee
assessment allocation and be more involved in improving fruit quality,
volume, demand, and consumption of mangos in the U.S.
Sections 1206.36(m) and 1206.77 of the Order allow for the Board to
recommend changes to the Order as the Board considers appropriate. On
November 18, 2021, and again on March 15, 2022, the Board reviewed data
from the USDA, Foreign Agricultural Service (FAS), Global Agricultural
Trade System (GATS).\1\ After reviewing the data, discussion, and the
Board wanting representation for each of the top five countries that
export mangos to the U.S., the Board recommended the following: (1)
five of the seven foreign producer seats shall be allocated to foreign
producers from the top five exporting countries to the U.S.; (2) one
additional foreign producer seat shall be allocated to the top
exporting country; and (3) one seat shall be considered at-large, which
means it may be allocated to a foreign producer from any country that
exports mangos to the U.S. The data is summarized in Table 1 below:
---------------------------------------------------------------------------
\1\ https://apps.fas.usda.gov/gats/default.aspx.
Table 1--Annual U.S. Fresh Mango Import Quantities by Country of Origin
[In 10,000 lb units]
----------------------------------------------------------------------------------------------------------------
2019 2020 2021 Average Percent
----------------------------------------------------------------------------------------------------------------
Mexico.......................... 71,733 75,623 74,466 73,941 62.9
Peru............................ 11,855 16,297 16,013 14,722 12.5
Ecuador......................... 9,775 11,696 11,968 11,147 9.5
Brazil.......................... 8,809 10,629 11,379 10,272 8.7
Guatemala....................... 2,959 2,427 3,385 2,924 2.5
Haiti........................... 1,839 2,562 2,671 2,357 2
Other (15 countries)............ 1,718 1,849 3,180 2,249 1.9
-------------------------------------------------------------------------------
Total....................... 108,689 121,083 123,062 117,611
----------------------------------------------------------------------------------------------------------------
Source: U.S. Department of Agriculture Global Agricultural Trade System.
As shown in Table 1, over the past three years (2019-2021) 96.1
percent of the total fresh-whole mango imported into the United States
was supplied by five countries: Mexico with 62.9%, Peru with 12.5%,
Ecuador with 9.5%, Brazil with 8.7%, and Guatemala with 2.5%.
Furthermore, each of these countries is the main supplier of mango
to U.S markets during specific times of the year. Therefore, the
performance and success of each of the top five countries exporting
mangos to the U.S. during their season affects the U.S. mango market,
not just during their season but for subsequent mango suppliers as
well.
The Board believes that it is important that each of the top five
countries exporting mangos to the U.S. be represented on the Board.
Further, because Mexico currently provides the majority of mangos
exported to the United States, it is valuable to have multiple
representatives providing insight on the situation of the mango
industry in that country. Therefore, this proposal would allocate five
of the seven foreign producer Board seats to each of the top five
countries based on the three-year average mango volume exported to the
United States, with an additional seat allocated to the top exporting
country (currently Mexico). One at-large seat would continue to be
allocated to a foreign producer from any country exporting mangos to
the United States.
This proposed change would allow the Board's membership to better
reflect the distribution of foreign mangos exported to the United
States, while providing an opportunity for a more diverse pool of
candidates. AMS oversees the mango program and
[[Page 65685]]
participates in Board meetings. This proposed action is consistent with
AMS's priorities and oversight of the Order.
The Board is currently conducting nominations for three foreign
producer seats whose three-year term of office begins January 1, 2023.
All three foreign producer members whose seats are expiring on December
31, 2022, are in their second consecutive term and are therefore not
eligible for re-appointment. Starting on January 1, 2023, the Board
will have foreign producer members from the following countries: Mexico
(two), Peru (one), Guatemala (one), with three open seats.
Depending upon what countries the Secretary chooses for the three
open seats for the 2023 Board, in order to align with the proposed
foreign producer representation, one of these open seats would need to
be from Ecuador and one seat would need to be from Brazil, with one at-
large member from any country that exports mango to the U.S. Since the
Secretary's selections are not known, and this realignment is not
currently in place, the members chosen for the three open seats whose
terms begin January 1, 2023, would have to be reviewed by the Board and
USDA. Should this proposal be adopted, six of the seven Board foreign
producer seats would need to represent all five top exporting
countries, based on the 2019-2021 three-year average volume imported
into the U.S. as determined from the USDA, FAS data. Currently, that
would mean that the seven foreign producer seats would be distributed
as follows: Mexico two seats, Peru one seat, Ecuador one seat, Brazil
one seat, Guatemala one seat, and one at-large seat.
After AMS review of the current Board representation, if the
foreign producer seats are aligned with the representation
requirements, no action would be taken. If the representation
requirements are not met, one or more Board members may need to step
down from their role if established as proposed. The Board discussed
two options: (1) to allow Board members to cycle off the Board as their
terms expire; or (2) to enact the proposed representation provisions
immediately and potentially risk asking members to step down. The Board
voted during their March 15, 2022, meeting to move forward with option
2, to immediately enact the changes. AMS oversees the mango program and
participates in all Board meetings, and the Secretary is responsible
for the selection of all Board members. As such, all effort would be
undertaken to avoid disruption of the Board as currently established
should the changes that are herein proposed be adopted.
Once the Board is appointed and realigned to represent the top five
countries exporting mangos to the United States, every three years
thereafter, the Board will review the USDA, FAS, data and if warranted,
recommend to the USDA changes to the top five exporting countries to
the United States. These recommendations would need to be made before
the nomination process begins the following year.
Nominations and Appointments
Section 1206.31 establishes the procedures for nominations to
obtain Board nominees for appointment. The Board discussed at its
November 18, 2021, meeting, and several other occasions, allowing
individuals from the same or related companies to serve on the Board at
the same time. Occurrences of this nature have increased over time,
especially from companies who participate in the nomination process.
The concerns are mainly from U.S. importers who believe that the same
few companies continue to have additional representatives appointed to
the Board while they are already represented on the Board.
This situation has occurred multiple times since the Board's
inception. However, with an industry focus on increasing the diversity
of the Board, the Board recommended limiting the number of Board
members that may represent any one affiliated business interest,
however organized. Therefore, this proposal would amend Sec. 1206.31
of the Order to add paragraph (i), which provides that no more than one
Board member shall be employed by or be affiliated with a single or
multiple corporations, companies, or partnerships or any other legal
entities with common ownership, foreign or domestic.
This change is intended to help increase the number of
organizations represented on the Board, and expand the diversity of
experience, expertise, and location of members on the Board. This
proposed action is consistent with AMS's priorities and oversight of
the Order.
Vacancies
Section 1206.33 establishes procedures for vacancies on the Board.
It describes what to do if the Board member is no longer a member of
the category for which they are appointed, if a member is not able to
fulfill their position, and how to fill an unexpired term. With the
Board's proposal to have no more than one member on the Board per
company, this section will be updated. Section 1206.33(d) would be
added to address the situation where, if a Board member becomes
employed or affiliated with another Board member's company during their
term, such position would automatically become vacant.
Initial Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS has considered the economic impact of this action on
small entities that would be affected by this rule. The purpose of the
RFA is to fit regulatory action to scale on businesses subject to such
action so that small businesses will not be disproportionately
burdened. The Small Business Administration defines small agricultural
service firms as those having annual receipts of no more than $30
million (13 CFR part 121). First handlers and importers would be
considered agricultural service firms.
According to the most recent U.S. Agricultural Census, which was
published in 2017, a limited number of mangos are produced in the U.S.
and territories of California, Florida, Hawaii, Texas, and Puerto Rico.
The majority of U.S. demand for mangos is met by imports. In 2017, the
U.S. had a total of 3,328 acres of mangos, up 322 acres (11 percent)
from 2012. The Agricultural Census does not breakdown the allocation of
acreage by state. According to USDA Foreign Agricultural Service data
obtained from the Global Agricultural Trade System (GATS), five
countries account for 96.1 percent of fresh mango imports. These
countries and their respective share of the imports (from January 2019
to December 2021) include Mexico (62.9%); Peru (12.5%); Ecuador (9.5%);
Brazil (8.7%); and Guatemala (2.5%).
The following are not subject to the assessment: mango producers,
first handlers and importers who market or import less than 500,000
pounds of mangos, and mangos exported out of the United States.
According to Customs data, in 2021 there were 295 importers and 2
first handlers. Of these entities, 95 were subject to assessments under
the Order and had 2021 import quantities of 500,000 pounds or more.
There were 3 entities with import valuations exceeding $30 million
dollars. Therefore, the majority of assessed importers and first
handlers (92 out of 95) may be considered small businesses.
The proposed rule seeks to increase the pool of nominees from
countries that export mangos to the United States. The Board wants to
receive
[[Page 65686]]
representation from all growing regions that export mangos into the
United States. The proposed rule provides an opportunity to increase
diversity and would not place undue economic burden on small business
importers and first handlers as they are eligible to serve on the
Board. Domestic and foreign producers that are classified as small
business entities are also not burdened since they are not subject to
assessment under the Order, still such individuals are eligible to
serve on the Board along with importers and first handlers.
This rule does not impose additional recordkeeping requirements on
first handlers, importers, or producers of mangos. There are no Federal
rules that duplicate, overlap, or conflict with this rule. In
accordance with the Office of Management and Budget (OMB) regulation (5
CFR part 1320) that implements the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the information collection and recordkeeping
requirements that are imposed by the Order have been previously
approved under OMB control number 0581-0093. This rule does not result
in a change to the information collection and recordkeeping
requirements previously approved.
Regarding alternatives, the Board discussed in detail the option to
keep the foreign producer Board member seat allocation as-is. The Board
reviewed information provided from the staff that showed, since the
Board's formation, all foreign producer appointments have been from the
same five countries (Mexico, Guatemala, Peru, Ecuador, and Brazil), and
that in 2022 the Board will have seven foreign producers representing
only three countries. The Board believes that foreign producer
representation should be from each of the top five countries exporting
mangos to the United States, and to have an at-large seat available to
a foreign producer from any country exporting mangos to the United
States. As such, this change is being proposed to help realign the
Board's membership to better reflect the distribution of foreign grown
mangos exported to the U.S. AMS oversees the mango program and
participates in Board meetings. This proposed action is consistent with
AMS's priorities and oversight of the Order.
The Board also considered allowing more than one member per company
to sit on the Board at the same time. Throughout the history of the
National Mango Board, there have been multiple instances where Board
members from the same company served on the Board at the same time.
However, the Board members agreed that the industry has grown and
evolved and, therefore, it is important to increase the industry's
participation on the Board and increase the diversity of individuals
serving on the Board. This proposed action would revise the Order to
provide that no more than one member shall be employed by or be
affiliated with the same company. This change was proposed to help
increase the opportunity for more company representatives to serve on
the Board and to expand the diversity of experience, expertise, and
location of members. AMS encourages efforts to increase the diversity
of representation on the Board.
Regarding outreach efforts, the Board discussed this action during
Board meetings in 2020, and in meetings during March and November of
2021, and the Board meeting in March 2022. This proposed action was
also presented during the Foreign Mango Organization meeting in
February 2022. Attendees from this meeting included representatives
from the following countries: Mexico, Ecuador, Peru, Guatemala, Brazil,
Colombia, and the Dominican Republic. All of the Board's meetings are
open to the public and interested persons are invited to participate
and express their views.
We have performed this initial RFA analysis regarding the impact of
the proposed action on small entities and we invite comments concerning
the potential effects of this action. 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 or citizen
access to Government information and services, and for other purposes.
AMS has determined that this proposed rule is consistent with and
would effectuate the purpose of the 1996 Act.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments received in response to
this proposed rule by the date specified will be considered prior to
finalizing this action.
List of Subjects in 7 CFR Part 1206
Administrative practice and procedure, Advertising, Agricultural
research, Consumer information, Mango, Marketing agreements, Reporting
and recording requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 1206 as follows:
PART 1206--MANGO RESEARCH, PROMOTION, AND INFORMATION
0
1. The authority citation for part 1206 continues to read as follows:
Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.
0
2. In Sec. 1206.30, revise paragraph (c) and add paragraph (d) to read
as follows:
Sec. 1206.30 Establishment and membership.
* * * * *
(c) Foreign producers. The seven Board seats for foreign producers
of mangos shall be allocated based on a three-year average volume of
mangos exported to the United States from a foreign country as follows:
(1) Five of the seven seats shall be allocated to foreign producers
from the top five exporting countries to the United States;
(2) One additional seat shall be allocated to the top exporting
country that exports the most mangos to the United States; and,
(3) The one remaining seat shall be considered at-large, which
means it may be allocated to a foreign producer from any country that
exports mangos to the United States.
(d) Adjustment of membership. The Board seats will be adjusted as
follows:
(1) At least once every five years, the producer and importer seats
shall be reviewed. The Board will review the geographical distribution
of production of mangos in the United States, the geographical
distribution of the importation of mangos into the United States, the
quantity of mangos produced in the United States, and the quantity of
mangos imported into the United States. The review will be based on
Board assessment records and statistics from the Department. If
warranted, the Board will recommend to the Department that membership
on the Board be altered to reflect any changes in geographical
distribution of domestic mango production and importation, and the
quantity of domestic production and imports. To ensure equitable
representation, additional first handlers may be added to the Board to
reflect increases in domestic production.
(2) Every three-years the foreign producer seats shall be reviewed.
A three-year average volume of mangos exported from a foreign country
to the United States will determine the top five mango exporting
countries. The three-year average will be based on import volume data
from the USDA, Foreign Agricultural Service, Global Agricultural Trade
System for the three complete preceding years. If warranted,
[[Page 65687]]
the Board will recommend to the Department that foreign producer
membership on the Board be altered to reflect the three-year average
volume of mangos exported to the United States by the top five
exporting countries.
0
3. In Sec. 1206.31, revise paragraph (g) and add paragraph (i) to read
as follows:
Sec. 1206.31 Nominations and appointments.
* * * * *
(g) Nominees to fill the foreign producer member positions on the
Board shall be solicited from organizations of foreign mango producers
and from foreign mango producers. Organizations of foreign mango
producers shall submit two nominees for each position, and foreign
mango producers may submit their name or the names of other foreign
mango producers directly to the Board. The nominees shall be
representative of the major countries exporting mangos to the United
States as specified in Sec. 1206.30.
* * * * *
(i) No more than one member shall be employed by or be affiliated
with a single or multiple corporations, companies, or partnerships or
any other legal entities with common ownership, foreign or domestic.
0
4. In Sec. 1206.33, add paragraph (d) to read as follows:
Sec. 1206.33 Vacancies.
* * * * *
(d) In the event that a Board member becomes employed or affiliated
with another Board member's corporation, company, partnership or other
legal entity during the Board member's term, such position shall
automatically become vacant.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-23661 Filed 10-31-22; 8:45 am]
BILLING CODE P
