Adjustments to Mango Board Representation; Withdrawal of Proposed Rule, 49356-49357 [2023-16196]

Download as PDF 49356 Proposed Rules Federal Register Vol. 88, No. 145 Monday, July 31, 2023 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] Adjustments to Mango Board Representation; Withdrawal of Proposed Rule Agricultural Marketing Service, USDA. ACTION: Proposed rule; withdrawal. AGENCY: The Agricultural Marketing Service (AMS) withdraws a proposed rule recommended by the National Mango Board (Board) that would have adjusted the Mango Promotion, Research, and Information Order (Order) to 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 have required no more than one Board member be employed by or be affiliated with the same company. After reviewing and considering the comments received, the proposed rule is being withdrawn. DATES: The proposed rule published at 87 FR 65683 on November 1, 2022, is withdrawn as of July 31, 2023. 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: George.Webster@usda.gov. SUPPLEMENTARY INFORMATION: This withdrawal is issued under the 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). The Board administers the Order and is comprised of 18 members, including eight importers, two domestic producers, one ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:48 Jul 28, 2023 Jkt 259001 first handler, and seven foreign producers. This action withdraws a proposed rule published in the Federal Register on November 1, 2022 (87 FR 65683), to revise several sections of the Order’s representation requirements. The proposed rule’s comment period was open from the publication date of November 1, 2022, to January 3, 2023. The proposed rule would have allocated 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 have required no more than one Board member be employed by or be affiliated with the same company. The proposed changes were intended to modify the Order’s requirements to ensure that the countries exporting the most mangos to the U.S. would be represented on the Board, and to broaden the diversity of members serving on the Board. Comments Received During the proposed rule’s 60-day comment period, AMS received 58 comments, which may be viewed on the internet at https://www.regulations.gov. Of the comments received, 32 comments (roughly 55%) opposed the proposed rule, 24 comments (roughly 41%) were in favor of the proposed rule, and two comments (roughly 3%) were nonsubstantive with regard to the merits of the proposal. Comments in Opposition: During the public comment period, commenters identified anticipated adverse effects to Mexico, the largest country based on mango volume imported into the United States (62.9 percent average from 2019– 2021). Approximately 50 percent of all comments cited the proposed rule’s negative impact to Mexico’s ability to have proportionate representation on the Board. These commenters claimed that the proposed rule, if effectuated, would give countries with smaller import volume guaranteed representation, thereby limiting the seats available for Mexican foreign producers. AMS also reviewed comments opposing the proposed change that would require no more than one Board member be employed by or be affiliated with the same company. Comments expressed concern that many mango PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 importers work with a multitude of companies and growers throughout the year, and the proposed changes would greatly restrict the pool of candidates to serve on the Board. Commenters also explained that the Board has had more than one member from a company serve concurrently multiple times in the past, and there has yet to be any conflict arising from the situation. One comment expressed concern that the proposed change would place additional burden on the Board’s domestic representation, and limiting how many representatives from one company or related companies can serve on the Board concurrently would further shrink an already limited pool of candidates. Comments in Support: In general, 24 commenters were in favor of the proposed rule, and agreed that the changes would allow for a more balanced foreign producer representation on the Board and provide opportunities for a more diverse group of members to serve. One commenter explained that each of the top five importing countries are the main supplier of mangoes to the United States at different times of the year, and by having broad representation from those countries on the Board, the entire industry could benefit from gaining the unique perspective of that region. Also, one commenter mentioned that limiting membership to one member per affiliated company would guard against company-centric voting blocks that could potentially benefit one company more than the entire industry. Another comment said that the Board should further limit membership, so no two members of the same family can serve concurrently. Non-Substantive Comments: Two comments received during the public comment period were non-substantive with regard to the merits of the proposal and were therefore not considered during the review process. After reviewing and considering the comments submitted by stakeholders that are regulated by the Order, AMS determined that the concerns raised were significant enough to not move forward with the proposed rule at this time and to direct the Board to conduct further outreach. Accordingly, the proposed rule to adjust the National Mango Board’s representation in the Order, published in the Federal Register E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Proposed Rules on November 1, 2022 (87 FR 65683), is hereby withdrawn. List of Subjects in 7 CFR Part 1206 Administrative practice and procedure, Advertising, Consumer information, Mango promotion, Marketing agreements, Reporting and recording requirements. Authority: 7 U.S.C. 7411–7425 and 7 U.S.C. 7401. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2023–16196 Filed 7–28–23; 8:45 am] BILLING CODE P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2023–0085] RIN 3150–AK99 List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 Through 9 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel regulations by revising the NAC International, Inc. MAGNASTOR® Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031. Amendment No. 11 amends the certificate of compliance to add a new concrete cask, transfer cask, fuel baskets and revised contents. Amendment No. 11 also adds a definition for the concrete cask lid, revises the definition for the concrete cask to exclude the lid, adds a definition for the storage cask, and provides alternate fabrication criteria and techniques for the concrete cask lid. Amendment No. 12 and revisions to Amendment Nos. 0 through 9 add definitions for the storage cask and concrete cask lid, revise the definition of the concrete cask, and provide alternate fabrication criteria and techniques for the concrete cask lid to the certificate of compliance. DATES: Submit comments by August 30, 2023. Comments received after this date ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:48 Jul 28, 2023 Jkt 259001 will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. ADDRESSES: Submit your comments, identified by Docket ID NRC–2023– 0085, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear Materials Safety and Safeguards, telephone: 301–415–6577, email: Bernard.White@nrc.gov and Irene Wu, Office of Nuclear Materials Safety and Safeguards, telephone: 301–415–1951, email: Irene.Wu@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2023– 0085 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0085. Address questions about NRC dockets to Dawn Forder, telephone: 301–415–3407, email: Dawn.Forder@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 49357 reference staff at 1–800–397–4209, 301– 415–4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. B. Submitting Comments Please include Docket ID NRC–2023– 0085 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. The direct final rule will become effective on October 16, 2023. However, if the NRC receives any significant adverse comment by August 30, 2023, then the NRC will publish a document that withdraws the direct final rule. If the E:\FR\FM\31JYP1.SGM 31JYP1

Agencies

[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Proposed Rules]
[Pages 49356-49357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16196]


========================================================================
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. 88 , No. 145 / Monday, July 31, 2023 / 
Proposed Rules

[[Page 49356]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Doc. No. AMS-SC-21-0101]


Adjustments to Mango Board Representation; Withdrawal of Proposed 
Rule

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule; withdrawal.

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

SUMMARY: The Agricultural Marketing Service (AMS) withdraws a proposed 
rule recommended by the National Mango Board (Board) that would have 
adjusted the Mango Promotion, Research, and Information Order (Order) 
to 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 have required no 
more than one Board member be employed by or be affiliated with the 
same company. After reviewing and considering the comments received, 
the proposed rule is being withdrawn.

DATES: The proposed rule published at 87 FR 65683 on November 1, 2022, 
is withdrawn as of July 31, 2023.

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 withdrawal is issued under the 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). The 
Board administers the Order and is comprised of 18 members, including 
eight importers, two domestic producers, one first handler, and seven 
foreign producers.
    This action withdraws a proposed rule published in the Federal 
Register on November 1, 2022 (87 FR 65683), to revise several sections 
of the Order's representation requirements. The proposed rule's comment 
period was open from the publication date of November 1, 2022, to 
January 3, 2023. The proposed rule would have allocated 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 have required no more than one Board 
member be employed by or be affiliated with the same company. The 
proposed changes were intended to modify the Order's requirements to 
ensure that the countries exporting the most mangos to the U.S. would 
be represented on the Board, and to broaden the diversity of members 
serving on the Board.

Comments Received

    During the proposed rule's 60-day comment period, AMS received 58 
comments, which may be viewed on the internet at https://www.regulations.gov. Of the comments received, 32 comments (roughly 
55%) opposed the proposed rule, 24 comments (roughly 41%) were in favor 
of the proposed rule, and two comments (roughly 3%) were non-
substantive with regard to the merits of the proposal.
    Comments in Opposition: During the public comment period, 
commenters identified anticipated adverse effects to Mexico, the 
largest country based on mango volume imported into the United States 
(62.9 percent average from 2019-2021). Approximately 50 percent of all 
comments cited the proposed rule's negative impact to Mexico's ability 
to have proportionate representation on the Board. These commenters 
claimed that the proposed rule, if effectuated, would give countries 
with smaller import volume guaranteed representation, thereby limiting 
the seats available for Mexican foreign producers.
    AMS also reviewed comments opposing the proposed change that would 
require no more than one Board member be employed by or be affiliated 
with the same company. Comments expressed concern that many mango 
importers work with a multitude of companies and growers throughout the 
year, and the proposed changes would greatly restrict the pool of 
candidates to serve on the Board. Commenters also explained that the 
Board has had more than one member from a company serve concurrently 
multiple times in the past, and there has yet to be any conflict 
arising from the situation. One comment expressed concern that the 
proposed change would place additional burden on the Board's domestic 
representation, and limiting how many representatives from one company 
or related companies can serve on the Board concurrently would further 
shrink an already limited pool of candidates.
    Comments in Support: In general, 24 commenters were in favor of the 
proposed rule, and agreed that the changes would allow for a more 
balanced foreign producer representation on the Board and provide 
opportunities for a more diverse group of members to serve. One 
commenter explained that each of the top five importing countries are 
the main supplier of mangoes to the United States at different times of 
the year, and by having broad representation from those countries on 
the Board, the entire industry could benefit from gaining the unique 
perspective of that region.
    Also, one commenter mentioned that limiting membership to one 
member per affiliated company would guard against company-centric 
voting blocks that could potentially benefit one company more than the 
entire industry. Another comment said that the Board should further 
limit membership, so no two members of the same family can serve 
concurrently.
    Non-Substantive Comments: Two comments received during the public 
comment period were non-substantive with regard to the merits of the 
proposal and were therefore not considered during the review process.
    After reviewing and considering the comments submitted by 
stakeholders that are regulated by the Order, AMS determined that the 
concerns raised were significant enough to not move forward with the 
proposed rule at this time and to direct the Board to conduct further 
outreach. Accordingly, the proposed rule to adjust the National Mango 
Board's representation in the Order, published in the Federal Register

[[Page 49357]]

on November 1, 2022 (87 FR 65683), is hereby withdrawn.

List of Subjects in 7 CFR Part 1206

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

    Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-16196 Filed 7-28-23; 8:45 am]
BILLING CODE P


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