Adjustments to Mango Board Representation; Withdrawal of Proposed Rule
| Published date | 31 July 2023 |
| Record Number | 2023-16196 |
| Citation | 88 FR 49356 |
| Court | Agricultural Marketing Service |
| Section | Proposed rules |
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.
Proposed Rules Federal Register
49356
Vol. 88, No. 145
Monday, July 31, 2023
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the proposed rule is being withdrawn.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withdrawn as of July 31, 2023.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: 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
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
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49357
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
AGENCY
: Nuclear Regulatory
Commission.
ACTION
: Proposed rule.
SUMMARY
: 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
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)
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
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