Proposed Rule2023-16196
Adjustments to Mango Board Representation; Withdrawal of Proposed Rule
Primary source
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Published
July 31, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
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 After reviewing and considering the comments received, the proposed rule is being withdrawn.
Full Text
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16196]
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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.
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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.
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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:
<a href="/cdn-cgi/l/email-protection#1b5c7e74697c7e354c7e79686f7e695b6e687f7a357c746d"><span class="__cf_email__" data-cfemail="cc8ba9a3beaba9e29ba9aebfb8a9be8cb9bfa8ade2aba3ba">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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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