[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Rules and Regulations]
[Pages 41425-41427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14612]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Docket No. : AMS-FV-07-0042; FV-07-702 IFR]


Mango Promotion, Research, and Information Order; Amendment to 
Term of Office Provision

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule amends, on an interim basis, 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: July 31, 2007. Comments must be submitted on or 
before August 29, 2007.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at http://www.regulations.gov or to the Research and 
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, Stop 0244-
Room 0634-S, 1400 Independence Avenue, SW., Washington, DC 20250-0244; 
Fax: (202) 205-2800. Comments, which should reference the docket 
number, title of action, date, and page number of this issue of the 
Federal Register, will be made available for public inspection at the 
above address during regular business hours and may also be viewed at 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kathie Birdsell, Marketing Specialist, 
or Sonia N. Jimenez, Chief, 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).

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

[[Page 41426]]

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 examined 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 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 $6,500,000 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 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 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 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 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 three-year 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

[[Page 41427]]

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 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.
    Nominations and appointments to the Board are conducted pursuant to 
Sec.  1206.30 establishment and membership, Sec.  1206.31 nominations 
and appointments, and Sec.  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.
    Pursuant to 5 U.S.C. 553, it is found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and good cause exists for not postponing the effective date of 
this rule until 30 days after publication in the Federal Register 
because this rule will allow the upcoming nominations and appointments 
to be conducted based on the changes to the term of office provision of 
this rule. The new term of office begins on January 1, 2008. In 
addition and for the same reasons, a 30-day period is provided for 
interested persons to comment on this rule.

List of Subjects in 7 CFR Part 1206

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Mango promotion, reporting and 
recording, requirements.


0
For the reasons set forth in the preamble, 7 CFR part 1206 is amended 
as follows:

PART 1206--MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER

0
1. The authority citation for 7 CFR part 1206 continues to read as 
follows:

    Authority: 7 U.S.C. 6101-6112.


0
2. Section 1206.32 is revised to read as follows:


Sec.  1206.32  Term of office.

    The term of office for first handler, importer, domestic producer, 
foreign producer, and wholesaler/retailer 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, three 
foreign producers, and two wholesaler and/or retailer members 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: July 23, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-14612 Filed 7-27-07; 8:45 am]
BILLING CODE 3410-02-P