[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
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 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the proposed rule is being withdrawn.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is withdrawn as of July 31, 2023.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: 
[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]
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