Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 60541 

§ 319.28 Notice of quarantine. 

* * * * * 

(c) The prohibition does not apply to 

Unshu oranges (Citrus reticulata Blanco 

var. unshu, Swingle [Citrus unshiu 

Marcovitch, Tanaka]), also known as 

Satsuma mandarin, grown in the 

Republic of Korea and imported under 

permit into the State of Alaska under 

the following conditions: 

(1) The Unshu oranges must be 

prepared for shipping using 

packinghouse procedures that include 

culling damaged or diseased fruit and 

cleaning the fruit with high-pressure air 

or water spray in combination with 

brushing. 

(2) Each shipment of Unshu oranges 

must be accompanied by a 

phytosanitary certificate from the 

national plant protection organization of 

the Republic of Korea bearing the 

following additional declaration: ‘‘These 

oranges were inspected and are 

considered to be free from citrus canker 

(Xanthomonas axonopodis pv. citri) and 

arrowhead scale (Unaspis yanonensis). 

(3) The individual boxes in which the 

oranges are shipped must be marked 

with the following: ‘‘These oranges may 

not be shipped to or distributed in any 

State other than Alaska.’’

* * * * * 

(f) Importations allowed in paragraphs 

(b), (c), (d), and (e) of this section shall 

be subject to the permit and other 

requirements under the regulations in 

Subpart-Fruits and Vegetables of this 

part. 

* * * * * * 

(Approved by the Office of Management and 

Budget under control number 0579–0314) 

Done in Washington, DC, this 19th day of 

October, 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–21007 Filed 10–24–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1206 

[Docket No.: AMS–FV–07–0042; FV–07–702 

FR] 

Mango Promotion, Research, and 

Information Order; Amendment to 

Term of Office Provision 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that modifies the term of office 

provision of the Mango Promotion, 

Research, and Information Order (Order) 

so that the term of office and term limit 

for the two wholesaler and/or retailer 

positions of the National Mango Board 

(Board) be the same as that of other 

members. Specifically, the amendment 

modifies the term of office from one 

year to three years, and modifies the 

term limit for these positions from a 

maximum of three consecutive one-year 

terms to a maximum of two consecutive 

three-year terms in order to conform to 

the requirements of the commodity 

Promotion, Research, and Information 

Act of 1996 (Act). 

DATES: Effective Date: October 26, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, USDA, Stop 0244–

Room 0634–S, Washington, DC 20250–

0244; telephone (202) 720–9915 or (888) 

720–9917 (toll free); or e-mail: 

kimberly.coy@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Mango Promotion, 

Research, and Information 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]. 

Executive Order 12866 

The Office of Management and Budget 

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. The rule is not intended to have 

a retroactive effect and will not affect or 

preempt any other State or Federal law 

authorizing promotion or research 

relating to an agricultural commodity. 

The Act provides that any person 

subject to an order may file a written 

petition with the Department of 

Agriculture (Department) if they believe 

that the order, any provision of the 

order, or any obligation imposed in 

connection with the order, is not 

established in accordance with law. In 

any petition, the person may request a 

modification of the order or an 

exemption from the order. The 

petitioner is afforded the opportunity 

for a hearing on the petition. After a 

hearing, the Department would rule on 

the petition. The Act provides that the 

district court of the United States in any 

district in which the petitioner resides 

or conducts business shall have the 

jurisdiction to review the Department’s 

ruling on the petition, provided a 

complaint is filed not later than 20 days 

after the date of the entry of the ruling. 

Regulatory Flexibility Analysis and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601 et 

seq.], the Agricultural Marketing Service 

(AMS) has considered the economic 

impact of this rule on small entities and 

has prepared this final regulatory 

impact analysis on a substantial number 

of small entities. The purpose of the 

RFA is to fit regulatory actions to the 

scale of business subject to such actions 

in order that small businesses will not 

be unduly or disproportionately 

burdened. 

The Small Business Administration 

defines, in 13 CFR Part 121, small 

agricultural producers as those having 

annual receipts of no more than 

$750,000 and small agricultural service 

firms as having receipts of no more than 

$6.5 million. First handlers, importers, 

wholesalers, and retailers would be 

considered agricultural service firms. 

There are approximately 5 first handlers 

and 55 importers subject to and assessed 

under the Order. 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 Order. Mangos that are 

exported out of the United States also 

are exempt from assessment. In 

addition, domestic producers, foreign 

producers, wholesalers, and retailers are 

not subject to or assessed under the 

Order, but such individuals are eligible 

to serve on the Board along with 

importers and first handlers. 

The Mango Promotion, Research, and 

Information Order, which became 

effective November 4, 2004, is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (Act) [7 U.S.C. 7411–7425]. 

Pursuant to Section 515(b) of the Act, 

the Order provides for the establishment 

of a Board comprised of eight importers, 

one first handler, two domestic 

producers, seven foreign producers, and 

two non-voting wholesalers and/or 

retailers. The Board is responsible for 

carrying out promotion, research, and 

information activities intended to 

develop, maintain, and increase the 

demand of mangos in the United States. 

Appointments to the Board are made by 

the Secretary of Agriculture from a slate 

of nominated candidates. 

Section 515(b)(5) of the Act provides 

that members and alternates of a board 


rwilkins on PROD1PC63 with RULES
60542 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 

shall serve three-year terms of office and 

may serve a maximum of two 

consecutive three-year terms, except 

members and alternates appointed to 

the initial Board may serve terms of two, 

three, or four years. Currently, the Order 

states that the importer, first handler, 

domestic producers, and foreign 

producers each may serve a three-year 

term of office and may serve a 

maximum of two consecutive three-year 

terms, except members appointed to the 

initial Board serve staggered terms of 

two, three and four years. However, the 

Order provides one-year terms of office 

for wholesaler and/or retailer members, 

and such members may serve a 

maximum of three consecutive one-year 

terms. 

At its February 2007 meeting, the 

Board reviewed the term of office for the 

two wholesaler and/or retailer positions. 

After considerable discussion and 

review of alternatives, the Board 

approved a proposal for 

recommendation to the Department to 

modify from a one year to a two year the 

term of office for the wholesaler and/or 

retailer positions. Upon review of the 

Board’s proposal, the Department 

determined that the current term of 

office provision for the two wholesaler 

and/or retailer positions was not in 

conformance with the Act. Accordingly, 

this rule modifies the Order’s term of 

office provision to provide for 

wholesaler and/or retailer positions 

terms of three years with a maximum of 

two consecutive three-year terms. 

The amendment will bring the Order 

in conformance with the Act. 

Additionally, the overall impact of the 

amendment will be favorable for first 

handlers and importers because the 

amendment will provide greater Board 

continuity, align the wholesaler and/or 

retailer positions terms of office with 

other Board positions, and reduce the 

administrative burden of conducting 

nominations on an annual basis for 

these positions. 

In accordance with the Office of 

Management and Budget (OMB) 

regulation [5 CFR Part 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], the 

information collection requirements 

under the Paperwork Reduction Act of 

1995 [44 U.S.C. 3501 et seq.], there are 

no new requirements contained in this 

rule. The information collection 

requirements have been previously 

approved by the Office of Management 

and Budget (OMB) under OMB control 

number 0581–0093. 

There are no federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Background 

The Order became effective November 

3, 2004, and is authorized under the 

Commodity Promotion, Research, and 

Information Act of 1996 [7 U.S.C. 7411–

7425], and is 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 nonvoting 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 market place 

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 

the United States Customs Service. 

Section 515(b)(5) of the Act provides 

that members and alternates of a board 

shall serve three-year terms of office and 

may serve a maximum of two 

consecutive three-year terms, except 

members and alternates appointed to 

the initial board may serve terms of two, 

three, or four years. Currently, with the 

exception of the initial Board, the Order 

provides a three-year term of office for 

first handler, importer, domestic 

producer, and foreign producer 

members, and these members may serve 

a maximum of two consecutive threeyear terms. First handlers, importers, 

domestic producers, and foreign 

producers who were appointed to the 

initial Board were assigned to serve 

staggered terms of office of two, three, 

and four years—ending December 31, 

2007, 2008, 2009. Members serving an 

initial term of two or four years are 

eligible to serve a second term of three 

years. The terms of office for first 

handler, importer, domestic producer, 

and foreign producer positions are 

consistent with the Act. 

For the two wholesaler and/or retailer 

Board positions, the Order currently 

provides a one-year term of office and 

members may serve a maximum of three 

consecutive one-year terms. Wholesaler 

and/or retailer members appointed to 

the initial Board were appointed to 

serve a term of office of one year with 

the term ending December 31, 2007. The 

term of office and the term limit for the 

wholesaler and/or retailer positions are 

not in conformance with the Act. Thus, 

this rule will modify the Order to bring 

it in conformance with the Act. Also, 

the amendment will be favorable for 

first handlers and importer because the 

amendment will provide greater Board 

continuity, align the wholesaler and/or 

retailer positions terms of office with 

other Board positions, and reduce the 

administrative burden of conducting 

nominations on an annual basis for 

these positions. 

Nominations and appointments to the 

Board are conducted pursuant to 

§ 1206.30 establishment and 

membership, § 1206.31 nominations and 

appointments, and § 1206.32 term of 

office. Appointments to the Board are 

made by the Secretary of Agriculture 

from a slate of nominated candidates. 

Nominations for the importer, first 

handler, domestic producer, and foreign 

producer positions are made by the 

respective industry organizations or 

individuals. Nominations for the 

wholesaler and/or retailer positions are 

made by the Board. Nominations for 

Board positions for terms ending 

December 31, 2007, will be based on the 

amendment contained in this rule. The 

term of office for such appointments 

will commence January 1, 2008. 

An interim final rule concerning this 

action was published in the Federal 

Register (71 FR 41425) on July 30, 2007. 

Copies of the rule were made available 

through the Internet by USDA and the 

Office of the Federal Register. That rule 

provided a 30-day comment period 

which ended on August 29, 2007. One 

comment was received by the deadline. 

The commenter opposed the 

government regulations placed on the 

American people. However, the 

comment concerned the marketing of 

onions. 

After consideration of all relevant 

material presented, the Board’s 

recommendation, and other 

information, it is hereby found that this 

rule is consistent with and will tend to 

effectuate the declared policy of the Act. 

The interim final rule as published in 

the Federal Register (71 FR 41425) on 

July 30, 2007, is adopted as a final rule, 

without change. 

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mango promotion, reporting and 

recording, requirements. 

PART 1206—MANGO PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ Accordingly, the interim final rule 

amending 7 CFR part 1206 which was 

published at 71 FR 41425 on July 30, 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 60543 

2007, is adopted as a final rule without 

change. 

Dated: October 18, 2007. 

Kenneth C. Clayton, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–5268 Filed 10–24–07; 8:45 am] 

BILLING CODE 3410–02–M 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI23 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 4 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage cask regulations by 

revising the Holtec International 

(Holtec) HI–STORM 100 cask system 

listing within the ‘‘List of Approved 

Spent Fuel Storage Casks’’ to include 

Amendment No. 4 to Certificate of 

Compliance (CoC) Number 1014. 

Amendment No. 4 will include changes 

to add site-specific options to the CoC 

to permit use of a modified HI–STORM 

100 cask system at the Indian Point Unit 

1 (IP1) Independent Spent Fuel Storage 

Installation (ISFSI). These options 

include the shortening of the HI–

STORM 100S Version B, Multi-Purpose 

Canister (MPC)–32 and MPC–32F, and 

the HI–TRAC 100D Canister to 

accommodate site-specific restrictions. 

Additional changes address the 

Technical Specification (TS) definition 

of transport operations and associated 

language in the safety analysis report 

(SAR); the soluble boron requirements 

for Array/Class 14x14E IP1 fuel; the 

helium gas backfill requirements for 

Array/Class 14x14E IP1 fuel; the 

addition of a fifth damaged fuel 

container design under the TS 

definition for damaged fuel container; 

addition of separate burnup, cooling 

time, and decay heat limits for Array/ 

Class 14x14 IP1 fuel for loading in an 

MPC–32 and MPC–32F; addition of 

antimony-beryllium secondary sources 

as approved contents; the loading of all 

IP1 fuel assemblies in damaged fuel 

containers; the preclusion of loading of 

IP1 fuel debris in the MPC–32 or MPC–

32F; the reduction of the maximum 

enrichment for Array/Class 14x14E IP1 

fuel from 5.0 to 4.5 weight percent 

uranium-235; changes to licensing 

drawings to differentiate the IP1 MPC–

32 and MPC–32F from the previously 

approved MPC–32 and MPC–32F; and 

other editorial changes, including 

replacing all references to U.S. Tool and 

Die with Holtec Manufacturing 

Division. 

DATES: The final rule is effective January 

8, 2008, unless significant adverse 

comments are received by November 26, 

2007. A significant adverse comment is 

a comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AI23) in the subject line of 

your comments. Comments on 

rulemakings submitted in writing or in 

electronic form will be made available 

for public inspection. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

personal information such as social 

security numbers and birth dates in 

your submission. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: SECY@nrc.gov. If 

you do not receive a reply e-mail 

confirming that we have received your 

comments, contact us directly at (301) 

415–1966. Comments can also be 

submitted via the Federal eRulemaking 

Portal http://www.regulations.gov. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 am and 4:15 pm 

Federal workdays [telephone (301) 415–

1966]. 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

415–1101. 

Publicly available documents related 

to this rulemaking may be viewed 

electronically on the public computers 

at the NRC’s Public Document Room 

(PDR), O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/NRC/ADAMS/ 

index.html. From this site, the public 

can gain entry into the NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. If you do not have 

access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC 

PDR Reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr@nrc.gov. An electronic copy of the 

CoC No. 1014, the revised TS, and the 

preliminary safety evaluation report 

(SER) for Amendment No. 4 can be 

found in a package under ADAMS 

Accession No. ML072220481. 

CoC No. 1014, the revised TS, the 

preliminary SER for Amendment No. 4, 

and the environmental assessment are 

available for inspection at the NRC PDR, 

11555 Rockville Pike, Rockville, MD. 

Single copies of these documents may 

be obtained from Jayne M. McCausland, 

Office of Federal and State Materials 

and Environmental Management 

Programs, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, telephone (301) 415–6219, e-mail 

jmm2@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415–

6219, e-mail jmm2@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended 

(NWPA), requires that ‘‘[t]he Secretary 

[of the Department of Energy (DOE)] 

shall establish a demonstration program, 

in cooperation with the private sector, 

for the dry storage of spent nuclear fuel 

at civilian nuclear power reactor sites, 

with the objective of establishing one or 

more technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

NWPA states, in part, that ‘‘[t]he 

Commission shall, by rule, establish 

procedures for the licensing of any 

technology approved by the 

Commission under Section 218(a) for 

use at the site of any civilian nuclear 

power reactor.’’

To implement this mandate, the NRC 

approved dry storage of spent nuclear 

fuel in NRC-approved casks under a 

general license by publishing a final 

rule in 10 CFR Part 72, which added a 

new Subpart K within 10 CFR Part 72, 

entitled ‘‘General License for Storage of 

Spent Fuel at Power Reactor Sites’’ (55 

FR 29181; July 18, 1990). This rule also 

established a new Subpart L within 10 


rwilkins on PROD1PC63 with RULES