Unknown. Final rule
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/register/2011/06/22/2011-15630A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2011-06-22.xml --- 76 120 Wednesday, June 22, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Scientific Information Requests: Insulin Delivery and Glucose Monitoring Devices for Diabetes Mellitus, 36539-36541 2011-15580 Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development; Amendment, 36512 2011-15611 Agricultural Marketing Agricultural Marketing Service RULES Mango Promotion, Research, and Information Order;
Reapportionment, 36281-36283 2011-15630 Agricultural Research Agricultural Research Service NOTICES Intents to Grant Exclusive Licenses, 36513 2011-15468 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Economic Research Service See Forest Service See National Agricultural Statistics Service NOTICES Increases in Domestic Sugar Overall Allotment Quantity, etc., 36512-36513 2011-15521 Coast Guard Coast Guard RULES Safety Zones:
Mile Marker 98.5 West to Mile Marker 108.5 West of Harvey Lock Gulf Intracoastal Waterway, 36314-36316 2011-15583 Upper Mississippi River, Mile 180.0 to 179.0, 36316-36318 2011-15621 Waterway Closure, Morgan City - Port Allen Route from Mile Marker 0 to Port Allen Lock, 36318-36320 2011-15588 Special Local Regulations for Marine Events: Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, Mill Creek, Hampton, VA, 36308-36311 2011-15619 Special Local Regulations:
Extreme Sailing Series Boston, Boston Harbor, Boston, MA, 36311-36314 2011-15584 PROPOSED RULES Safety Zones: Patuxent River, MD, 36447-36450 2011-15586 Special Local Regulations; Safety and Security Zones: Recurring Events in Captain of the Port Long Island Sound Zone, 36438-36447 2011-15589 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Exemptions from Speculative Limits, 36525-36526 2011-15609 Drug Drug Enforcement Administration NOTICES Manufacturers of Controlled Substances; Applications, 2011-15478 36577-36578 2011-15481 Manufacturers of Controlled Substances; Registrations, 36578 2011-15482 Economic Research Economic Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36513-36515 2011-15474 Education Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36526 2011-15597 Employee Benefits Employee Benefits Security Administration NOTICES Meetings: Advisory Council on Employee Welfare and Pension Benefit Plans, 36578 2011-15587 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Virginia; Adoption of Revised Nitrogen Dioxide Standard, 36326-36329 2011-15455 Approvals and Promulgations of Implementation Plans:
Idaho; Regional Haze State Implementation Plan and Interstate Transport Plan, 36329-36339 2011-15452 Exemptions from the Requirements of Tolerances: 2-methyl-2,4-pentanediol, 36342-36349 2011-15466 C9 Rich Aromatic Hydrocarbons, C10-11 Rich Aromatic Hydrocarbons, and C11-12 Rich Aromatic Hydrocarbons, 36356-36362 2011-15269 Diethylene Glycol MonoEthyl Ether, 36349-36356 2011-15266 Hazardous Waste Manifest Printing Specifications, 36363-36366 2011-15644 Mandatory Reporting of Greenhouse Gases;
Additional Sources of Fluorinated GHGs: Extension of Best Available Monitoring Provisions for Electronics Manufacturing, 36339-36342 2011-15650 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Nevada; Regional Haze State Implementation Plan, 36450-36468 2011-15238 North Carolina; Clean Smokestacks Act, 36468-36471 2011-15636 Virginia; Adoption of Revised Nitrogen Dioxide Standard, 36471-36472 2011-15456 Hazardous Waste Manifest Printing Specifications, 36480-36482 2011-15645 Mandatory Reporting of Greenhouse Gases:
Changes to Provisions for Electronics Manufacturing to Provide Flexibility, 36472-36479 2011-15651 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 36479-36480 2011-15267 NOTICES Public Comment Periods on Draft Addendums and Peer Review Workshops: Toxicological Review of Methanol (Non-Cancer) in Support of Summary Information on Integrated Risk Information System, 36534-36535 2011-15631 Requests to Voluntarily Cancel Certain Pesticide Registrations:
Dicofol, 36535-36537 2011-15245 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Dassault Aviation Model FALCON 7X Airplanes, 36283-36285 2011-15368 Establishments of Class E Airspace: Brunswick, ME, 36285-36286 2011-15305 Modifications of Class E Airspace: Newcastle, WY, 36286-36287 2011-15375 PROPOSED RULES Airworthiness Directives: Airbus Models A300-600 Series Airplanes, 36387-36390 2011-15535 BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146 RJ Airplanes, 36398-36400 2011-15538 Boeing Co.
Model 747SP Series Airplanes, 36390-36392 2011-15536 Gulfstream Aerospace Corp. Model GV and GV SP Airplanes, 36392-36395 2011-15537 Piper Aircraft, Inc. Models PA-24, PA-24-250, and PA 24-260 Airplanes, 36395-36398 2011-15543 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Brackettville, TX, 36384-36385 2011-15610 Federal Contract Federal Contract Compliance Programs Office PROPOSED RULES Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans, 36482 2011-15646 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 36373-36384 2011-15507 Suspensions of Community Eligibility, 36369-36373 2011-15520 PROPOSED RULES Flood Elevation Determinations, 36482-36486 2011-15620 NOTICES Major Disaster Declarations:
Illinois; Amendment No. 1, 36558 2011-15624 South Dakota; Amendment No. 2, 36558-36559 2011-15527 South Dakota; Amendment No. 3, 36559 2011-15528 Major Disasters and Related Determinations: Oklahoma, 36559 2011-15522 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Third-Party Provision of Ancillary Services: Accounting and Financial Reporting for New Electric Storage Technologies, 36400-36410 2011-15544 NOTICES Applications: Alabama Power Co., 36527-36528 2011-15526 Columbia Gas Transmission, LLC, 36526-36527 2011-15546 Combined Filings, 36528-36532 2011-15545 2011-15549 Complaints:
Iberdrola Renewables, Inc.; PacifiCorp; NextEra Energy Resources, LLC et al. v. Bonneville Power Administration, 36532 2011-15525 Complaints; Amendments: Gregory R. Swecker, Beverly F. Swecker v. Midland Power Cooperative State of Iowa, 36532-36533 2011-15524 Requests for Blanket Authorizations: Transcontinental Gas Pipe Line Co., LLC, 36533 2011-15547 Waivers; Requests: Bangor Hydro Electric Co., 36533-36534 2011-15523 Federal Highway Federal Highway Administration PROPOSED RULES Value Engineering, 36410-36414 2011-15540 NOTICES Environmental Impact Statements;
Availability, etc.: Nueces County, TX, 36613-36614 2011-15577 Limitations on Claims for Judicial Reviews of Actions: Final Federal Agency Action on Proposed Highway in Illinois, 36614-36615 2011-15576 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 36537-36538 2011-15622 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2011-15451 36538 2011-15614 Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Nonbanking Activities, 36538 2011-15615 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:
Eskimo Curlew; Initiation of 5-Year Status Review, 36491-36493 2011-15355 Establishment of Manatee Refuge in Kings Bay, Citrus County, FL, 36493-36508 2011-15603 Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2011-12 Hunting Season, 36508-36510 2011-15599 NOTICES Environmental Assessments; Availability, etc.: Bowdoin National Wildlife Refuge Complex, Malta, MT; Comprehensive Conservation Plan, 36571-36573 2011-15551 Food and Drug Food and Drug Administration RULES Required Warnings for Cigarette Packages and Advertisements, 36628-36777 2011-15337 Small Entity Compliance Guide;
Availability: Topical Acne Drug Products for Over-the-Counter Human Use—Revision of Labeling, etc., 36307-36308 2011-15560 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prescription Drug Advertisements, 36541-36542 2011-15592 Draft Guidance for Industry and Staff; Availability: Content of Investigational Device Exemption and Premarket Approval Applications for Low Glucose Suspend Device Systems, 36542-36543 2011-15541 Draft Guidance for Industry;
Availability: Applying Human Factors and Usability Engineering to Optimize Medical Device Design, 36543-36544 2011-15570 Meetings: Circulatory System Devices Panel of Medical Devices Advisory Committee, 36548 2011-15539 Scientific Evaluation of Modified Risk Tobacco Product Applications; Public Workshop, 36544-36548 2011-15601 Regulatory Review Period for Purposes of Patent Extension: METVIXIA, 36548-36549 2011-15625 Forest Forest Service NOTICES Environmental Impact Statements;
Availability, etc.: Rangeland Allotment Management Planning on Fall River and Oglala Geographic Areas, NE and SD, 36515-36517 2011-15572 Meetings: Colorado Recreation Resource Advisory Committee; Federal Lands Recreation Enhancement Act, 36518 2011-15550 Plumas County Resource Advisory Committee, 36517 2011-15542 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES National Vaccine Injury Compensation Program;
Revisions to the Vaccine Injury Table, 36367-36369 2011-15617 NOTICES Meetings: Technical Advisory Panel on Medicare Trustee Reports, 36539 2011-15515 Statements of Organization, Functions, and Delegations of Authority, 36539 2011-15517 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department RULES Adjustment of Civil Money Penalty Amount for Inflation, 36850-36851 2011-15509 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: HOPE VI Application, 36564-36565 2011-15519 Logic Model Grant Performance Report Standard, 36566-36567 2011-15514 Public Housing Financial Management Template, 36565 2011-15513 Public Housing Inventory Removal Application, 36565-36566 2011-15516 Delegations of Authority: Office of Departmental Equal Employment Opportunity, 36567 2011-15512 Funding Awards: Indian Community Development Block Grant Program Fiscal Year 2010, 36567-36571 2011-15508 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36618-36623 2011-15575 2011-15563 2011-15565 2011-15567 2011-15568 2011-15571 2011-15573 2011-15574 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation Project, 2011-15564 36623-36625 2011-15566 2011-15569 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Extensions of Final Results: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 36519 2011-15647 Antidumping Duty Administrative Reviews;
Preliminary Results: Purified Carboxymethylcellulose from Netherlands, 36519-36525 2011-15648 International Trade Com International Trade Commission NOTICES Investigations: Certain Flip-Top Vials and Products Using Same, 36576-36577 2011-15534 Justice Department Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decrees, 36577 2011-15465 Labor Department Labor Department See Employee Benefits Security Administration See Federal Contract Compliance Programs Office See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Public Land Orders:
No. 7770; Extension of No. 6884; Alaska, 36573 2011-15484 Public Land Orders; Extensions: No. 6888, Alaska, 36574 2011-15488 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 36580 2011-15749 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36518-36519 2011-15476 National Highway National Highway Traffic Safety Administration PROPOSED RULES Preliminary Theft Data;
Motor Vehicle Theft Prevention Standard, 36486-36491 2011-15561 NOTICES Petitions for Exemptions from Vehicle Theft Prevention Standard: Nissan, 36615-36617 2011-15562 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 36549-36554 2011-15467 2011-15477 2011-15492 Meetings: Center for Scientific Review, 36555-36556 2011-15489 National Center for Research Resources, 36556 2011-15634 National Institute of Diabetes and Digestive and Kidney Diseases, 36554-36555 2011-15637 National Institute of General Medical Sciences, 36556 2011-15635 Prospective Grants of Exclusive Licenses:
Development of Ulipristal Acetate for Treatment of Symptomatic Uterine Fibroids, 36556-36557 2011-15486 Devices for Clearing Mucus from Endotracheal Tubes, 36557 2011-15480 National Labor National Labor Relations Board PROPOSED RULES Representation Case Procedures, 36812-36847 2011-15307 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Deep-Sea Red Crab; Amendment 3, 36511 2011-15639 Nuclear Regulatory Nuclear Regulatory Commission RULES Revisions of Fee Schedules:
Fee Recovery for Fiscal Year 2011, 36780-36809 2011-15061 PROPOSED RULES Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics, Inc., 36386-36387 2011-15593 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Occupational Injury and Illness Recording and Reporting Requirements: NAICS Update and Reporting Revisions, 36414-36438 2011-15277 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Onsite Consultation Agreements, 36579-36580 2011-15623 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disabled Dependent Questionnaire, 36582 2011-15600 Health Benefits Election Form, 36582-36583 2011-15596 Life Insurance Election, 36583 2011-15598 USAJOBS, 36581 2011-15595 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 36583-36584 2011-15506 Postal Service Postal Service RULES Rules of Practice in Proceedings Relative to False Representation and Lottery Orders, 36320-36326 2011-15518 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:
Father's Day (Proc. 8690), 36853-36856 2011-15780 Securities Securities and Exchange Commission RULES Exemptive Orders: Temporary Exemptions and Other Temporary Relief Applicable to Security-Based Swaps, 36287-36307 2011-15432 NOTICES Applications: Highmark Funds and Highmark Capital Management, Inc., 36584-36585 2011-15552 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 36596-36598 2011-15553 Financial Industry Regulatory Authority, Inc., 36586-36596 2011-15450 NASDAQ OMX PHLX LLC, 36606-36607 2011-15604 NASDAQ Stock Market LLC, 36610-36612 2011-15555 NYSE Amex LLC, 36598-36600 2011-15605 NYSE Arca, Inc., 36600-36606, 36608-36610 2011-15554 2011-15606 2011-15608 State Department State Department NOTICES Determinations Pursuant to Foreign Missions Act, 36612 2011-15626 Meetings:
Shipping Coordinating Committee, 36613 2011-15627 U.S. Advisory Commission on Public Diplomacy, 36612-36613 2011-15628 Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings Drug Testing Advisory Board, 36557-36558 2011-15374 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-15556 2011-15558 36574-36576 2011-15559 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
Union Pacific Railroad Co., Freeborn County, MN, 36617 2011-15594 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Amendment of Federal Savings Association Charter, 36626 2011-15470 Application and Termination Notice for Municipal Securities Dealer Principal or Representative, 36625 2011-15472 Mutual Holding Company, 36625-36626 2011-15471 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Security Threat Assessment for Individuals Applying for Hazardous Materials Endorsement for Commercial Drivers License, 36560 2011-15529 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36617-36618 2011-15607 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application to File Declaration of Intention, 36560-36561 2011-15511 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fee Remittance for Certain F, J and M Non-Immigrants, 36562 2011-15533 Nonimmigrant Checkout Letter, 36562-36563 2011-15532 Obligor Change of Address, 36561-36562 2011-15531 Suspicious/Criminal Activity Tip Reporting, 36563-36564 2011-15530 Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 36628-36777 2011-15337 Part III Nuclear Regulatory Commission, 36780-36809 2011-15061 Part IV National Labor Relations Board, 36812-36847 2011-15307 Part V Housing and Urban Development Department, 36850-36851 2011-15509 Part VI Presidential Documents, 36853-36856 2011-15780 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 120 Wednesday, June 22, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1206 [Doc. No. AMS-FV-10-0092] Mango Promotion, Research, and Information Order; Reapportionment AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule reduces the number of National Mango Board (Board) members from 20 to 18 to reflect the elimination of two non-voting wholesaler/retailer positions. In accordance with the Mango Promotion, Research, and Information Order (Order), which is authorized under the Commodity Promotion, Research, and Information Act of 1996 (Act), a review of the composition of the Board must be conducted every five years. The Board reviewed the production volumes and geographical distribution of domestic and imported mangos, and submitted this information to the U.S.
Department of Agriculture with a recommendation that no changes be made to the number of importer, first handler, or producer seats on the Board. However, the Board recommended elimination of two non-voting wholesaler/retailer positions that have not been filled since 2007. DATES: *Effective Date:* June 23, 2011. FOR FURTHER INFORMATION CONTACT: Veronica Douglass, Marketing Specialist, Research and Promotion Branch, Fruit and Vegetable Programs, AMS, U.S. Department of Agriculture, Stop 0244, Room 0632-S, 1400 Independence Avenue, SW., Washington, DC 20250-0244; telephone: 888-720-9917; fax: 202-205-2800; or e-mail: *veronica.douglass@ams.usda.gov* .
SUPPLEMENTARY INFORMATION: This rule is issued under the Mango Promotion, Research, and Consumer Information Order (Order) [7 CFR part 1206]. The Order is authorized by the Commodity Promotion, Research, and Information Act of 1996
(Act)[7 U.S.C. 7411-7425]. Executive Order 12866 The Office of Management and Budget
(OMB)has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have a retroactive effect. Section 524 of the Act provides that the Act shall not affect or preempt any other State or Federal law authorizing promotion or research relating to an agricultural commodity. Under the Act, a person subject to an order may file a petition with the U.S. Department of Agriculture (Department) 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 requesting 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, the Department will issue a ruling on the petition. The 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 the Department's final ruling. Regulatory Flexibility Analysis and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service
(AMS)has considered the economic impact of this rule 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 producers as those having annual receipts of no more than $750,000, and small agricultural service firms as those having annual receipts of no more than $7 million (13 CFR part 121). First handlers, importers, wholesalers, and retailers would be considered agricultural service firms. Currently, fewer than five first handlers and 193 importers are subject to assessment under the Order. The majority of producers would be considered small businesses. The majority of these first handlers and importers would be considered small businesses, while wholesalers and retailers would not. First handlers and importers who market or import less than 500,000 pounds of mangos annually are exempt from the assessment. Mangos that are exported out of the United States are also exempt from assessment. In addition, domestic producers, foreign producers, wholesalers, and retailers are not subject to assessment under the Order, but such individuals are eligible to serve on the Board along with importers and first handlers. Section 1206.30(c) of the Order requires that the Board review the volume and geographical distribution of mango production and imports at least once every five years. If warranted, the Board will recommend to the Department that membership on the Board be altered to reflect any changes in the volume and geographical distribution of mango production and imports. The Order currently provides for a Board of 20 members including eight importers, one first handler, two domestic producers, seven foreign producers, and two non-voting wholesalers and/or retailers. At its November 16, 2010 meeting, the Board reviewed the volume and geographic distribution of mango production and imports from 2006 through 2009. Based on data from U.S. Customs and Border Patrol, the volume of mango imports to the U.S. declined from 666,772,761 pounds in 2006 to 627,271,605 pounds in 2009. The Board's eight importer seats are allocated based on the volume of mangos imported into each of the four Districts defined in the Order. The current allocation is two seats for District I, three seats for District II, two seats for District III, and one seat for District IV. The percentage of the total mango import volume imported into District I remained at 25 percent from 2006 to 2009. Imports into District II grew from 35 percent of the total in 2006 to 41 percent in 2009. Imports into District III fell from 28 percent of the total in 2006 to 23 percent in 2009. Imports into District IV fell from 12 percent of the total in 2006 to 11 percent in 2009. Much of the domestic mango production was adversely affected by hurricanes during the early 2000s. Accordingly, data provided by the Board shows that in 2006, no assessments were collected on domestic mangos, while in 2009 assessments were collected on 1,539,306 pounds of domestic mangos. After reviewing the data regarding mango imports and domestic production, the Board voted to recommend that no changes be made at this time to the number of importer, first handler, domestic producer, or foreign producer seats; or to the allocation of importer seats among the four districts. At the same meeting, the Board voted to request elimination of the wholesaler/retailer positions from the Order. These positions were included so that the Board would include members with direct customer sales experience. The Board has made numerous attempts to nominate individuals to those positions; however, wholesalers and retailers are not interested in or do not have the time to serve on the Board. As a result, the two wholesaler/retailer positions have been vacant since 2008. These two positions do not represent assessment payers. If the wholesaler/retailer positions are eliminated, the Board would consist of a total of 18 members including eight importers, one first handler, two domestic producers, and seven foreign producers. Nominations and appointments to the Board are conducted pursuant to sections 1206.31 and 1206.33 of the Order. Appointments to the Board are made by the Secretary from a slate of nominated candidates. Pursuant to section 1206.31 of the Order, candidates for the importer, first handler, and domestic producer positions are nominated by their peers. Nominations for the foreign producer positions are solicited from foreign mango producer organizations. The Board nominates the wholesaler/retailer members. The Order requires that two nominees be submitted for each vacant position. In accordance with OMB regulation [5 CFR part 1320], which implements information collection requirements imposed by the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 *et seq.* ], there are no new requirements contained in this rule. In fact, a decrease of 0.33 hours per year in the information collection burden for the mango program is expected. The information collection requirements have been previously approved by OMB under OMB control number 0581-0093. The Department has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Background The Order, which became effective November 3, 2004, is authorized under the Act and administered by the Board. The Order provides for a 20-member Board consisting of eight importers, one first handler, two domestic producers, seven foreign producers, and two non-voting wholesalers and/or retailers. Under the Order, the Board administers a nationally coordinated program of promotion, research, and information designed to strengthen the position of mangos in the marketplace and to develop, maintain, and expand the demand for mangos in the United States. The program is financed by an assessment of 1/2 cent per pound on first handlers and importers who market or import 500,000 pounds or more of mangos annually. Under the Order, first handlers remit assessments directly to the Board, and assessments paid by importers are collected and remitted by U.S. Customs and Border Patrol. Pursuant to section 1206.30(c) of the Order, at least once in each five-year period, the Board shall review the volume and geographical distribution of mango production and imports and, if warranted, make a recommendation to the Secretary to alter the Board's membership. On November 16, 2010, at its fall meeting, the Board voted to recommend that no changes be made to the importer, first handler, domestic producer, or foreign producer positions, but that the non-voting wholesaler/retailer positions be eliminated. If the wholesaler/retailer positions are eliminated, the Board's membership will be reduced from 20 to 18. Accordingly, this action will amend the Order by removing the definition of retailer in section 1206.19, the definition of wholesaler in section 1206.24, and references to wholesalers and/or retailers in sections 1206.31 and 1206.32. A proposed rule concerning this action was published in the **Federal Register** on March 14, 2011 [76 FR 13530]. Copies of the proposed rule were made available on the Internet by the Department and the Office of the Federal Register. In addition, AMS published a press release announcing the comment period. The proposed rule provided a 30-day comment period, which ended April 13, 2011. Twelve comments were received by the deadline. Summary of Comments In response to the proposed rule, USDA received 12 comments regarding the proposed amendment of the Order to eliminate two non-voting wholesaler/retailer positions on the Board. Of the 12 comments received, nine supported the proposed amendment and three did not support the proposed amendment. A total of eight comments in support of the proposed amendment discussed the Board's reasons for requesting elimination of the wholesaler/retailer positions. Seven of the comments cited the potential for conflict of interest created by participation of wholesalers and/or retailers in Board meetings where decisions could be influenced by their business interests with individual Board members. Five comments in favor of the proposed amendment mentioned the Board's retention of retail account managers who gather input from the retail sector and help the Board to develop appropriate programs. These commenters stated that having a dedicated team of retail account managers is an effective means of communicating with wholesalers and retailers. Five comments expressed support for the elimination of the wholesaler/retailer positions on the basis that input from wholesalers and/or retailers can be obtained as needed through their ad hoc participation on the Board's committees. The Board's bylaws permit the Board's chairman to appoint committees that may include persons other than Board members. Subject to Board approval, committee chairmen are also permitted to appoint committee members who are not Board members. Four commenters supported elimination of the wholesaler/retailer positions, stating that past wholesaler/retailer members struggled with the time and travel demands of Board membership and rarely attended Board meetings. Three comments in favor of the proposed amendment stated that the funds used to service the wholesaler/retailer positions would be better spent on the Board's promotional programs. One commenter agreed with the proposed rule without providing additional explanation. Two commenters expressed opposition to the notion that representation on the Board is linked to the payment of assessments. The Order requires a review of the composition of the Board to be conducted every five years and states that the review is to be based on Board assessment records and statistics from USDA. The number of importer, first handler, and domestic producer seats, as well as the distribution of importer seats, is adjusted as needed based on the volume and geographic distribution of mango production and imports. In addition, the volume of imports for each country of origin is considered in appointments of foreign producer members. Because the volume handled or imported is linked to the value of assessments received by the Board, representation of importers, first handlers, domestic producers and foreign producers is necessarily linked to the payment of assessments. However, that is not the case for the wholesaler/retailer positions. Two commenters expressed opposition to the proposed elimination of the wholesaler/retailer positions on the grounds that wholesalers and/or retailers could provide valuable insight to the Board. As stated above, the Board's bylaws permit the participation of non-members on the Board's committees. Thus the Board is able to seek input from wholesalers and/or retailers as needed. One commenter expressed doubt that the Board has made sufficient efforts to secure nominees to fill the wholesaler/retailer positions. As discussed in the proposed rule, the Board has made numerous attempts to nominate individuals to those positions; however, wholesalers and retailers are either not interested in or do not have the time to serve on the Board. One commenter recommended that wholesalers and/or retailers be given full voting rights on the Board. The question of whether or not wholesaler/retailer members should be permitted to vote is not considered in this rule as it is not relevant given the Board's inability to find wholesalers and/or retailers to serve on the Board. The same commenter also suggested that the Board consider adding consumer members. Currently, all Board meetings are open to the public, and any person has the opportunity to contact the Board at any time. As such, consumer participation in Board activities does not require amendment of the Order. One comment objecting to the regulation of mangos was outside the scope of this rule. The Department has considered all of the comments and is not making any changes to the proposed rule. After consideration of all relevant material presented, the Board's recommendation, public comments and other information, it is hereby found that this rule, as published in the **Federal Register** [76 FR 13530] on March 14, 2011, is consistent with and will effectuate the purpose of the Act. List of Subjects in 7 CFR Part 1206 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Mango Promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1206 is amended as follows: PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1206 continues to read as follows: Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401. 2. Remove and reserve § 1206.19. § 1206.19 [Reserved] 3. Remove and reserve § 1206.24. § 1206.24 [Reserved] 4. Amend § 1206.30 by revising paragraph
(a)to read as follows: § 1206.30 Establishment of the National Mango Promotion Board.
(a)*Establishment of the National Mango Promotion Board.* There is hereby established a National Mango Promotion Board composed of eight importers, one first handler, two domestic producers, and seven foreign producers. The chairperson shall reside in the United States and the Board office shall also be located in the United States. 5. Amend § 1206.31 by removing paragraph (h), and redesignating paragraph
(i)as paragraph (h). 6. Revise § 1206.32 to read as follows: § 1206.32 Term of office. The term of office for first handler, importer, domestic producer, and foreign producer members of the Board will be three years, and these members may serve a maximum of two consecutive three-year terms. When the Board is first established, the first handler, two importers, one domestic producer, and two foreign producers will be assigned initial terms of four years; three importers, one domestic producer, and two foreign producers will be assigned initial terms of three years; and three importers and three foreign producers will be assigned initial terms of two years. Thereafter, each of these positions will carry a full three-year term. Members serving initial terms of two or four years will be eligible to serve a second term of three years. Each term of office will end on December 31, with new terms of office beginning on January 1. Dated: June 16, 2011. Rayne Pegg, Administrator. [FR Doc. 2011-15630 Filed 6-21-11; 8:45 am]
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Traces to 4 documents
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- 7 CFR 1206
- 7 USC 7411-7425
- 5 USC 601-612
- 13 CFR 121
- 5 CFR 1320
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Cite7 CFR 1206
Cite7 USC 7411-7425
Cite5 USC 601-612
Cite13 CFR 121
Cite5 CFR 1320
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