[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Proposed Rules]
[Page 64012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28925]


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 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. 74, No. 233 / Monday, December 7, 2009 / 
Proposed Rules  

[[Page 64012]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Doc. No. AMS-FV-09-0071;FV-09-708]


Mango Promotion, Research and Information Order; Continuance 
Referendum

AGENCY: Agricultural Marketing Service.

ACTION: Referendum Order.

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SUMMARY: This notice directs that a referendum be conducted among 
eligible first handlers and importers of mangos to determine whether 
they favor continuance of the Mango Promotion, Research and Information 
Order (Order).

DATES: This referendum will be conducted by mail ballot from March 15, 
2010, through March 26, 2010. First handlers receiving 500,000 or more 
pounds of mangos from producers in a calendar year and importers 
importing 500,000 or more pounds of mangos into the United States, 
during the two year representative period from January 1, 2008, to 
December 31, 2009, are eligible to vote. Ballots must be received by 
the close of business on March 26, 2010, to be counted.

ADDRESSES: Copies of the Order may be obtained from: Referendum Agent, 
Research and Promotion Branch (RPB), Fruit and Vegetable Programs 
(FVP), AMS, USDA, Stop 0244, Room 0632-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0244, telephone: 888-720-9917 (toll free), 
facsimile: 202-205-2800, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, 
Research and Information Act of 1996 (7 U.S.C. 7411-7425) (Act), it is 
hereby directed that a referendum be conducted to ascertain whether 
continuance of the Order is favored by eligible first handlers and 
importers of mangos covered under the program. The Order is authorized 
under the Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the two year period from January 1, 2008, to 
December 31, 2009. First handlers receiving 500,000 or more pounds of 
mangos from producers in a calendar year and importers importing 
500,000 or more pounds of mangos into the United States, during the two 
year representative period are eligible to vote. Persons who received 
an exemption from assessments for the entire representative period are 
ineligible to vote. The referendum shall be conducted by mail ballot 
from March 15, 2010, through March 26, 2010.
    Section 518 of the Act authorizes continuance referenda. Under 
section 1206.71(b) of the Order, the Department of Agriculture 
(Department) shall conduct a referendum every five years or when 10 
percent or more of the eligible voters petition the Secretary of 
Agriculture to hold a referendum to determine if persons subject to 
assessment favor continuance of the Order. The Department would 
continue the Order if continuance of the Order is approved by a 
majority of the first handlers and importers voting in the referendum.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the referendum ballot has been approved by the Office of 
Management and Budget (OMB) and assigned OMB No. 0581-0093. It has been 
estimated that there are approximately five first handlers and 100 
importers who will be eligible to vote in the referendum. It will take 
an average of 15 minutes for each voter to read the voting instructions 
and complete the referendum ballot.

Referendum Order

    Kathie Notoro and Sonia Jimenez, RPB, FVP, AMS, USDA, Stop 0244, 
Room 0632-S, 1400 Independence Avenue, SW., Washington, DC 20250-0244, 
are designated as the referendum agents to conduct this referendum. The 
referendum procedures 7 CFR 1206.100 through 1206.108, which were 
issued pursuant to the Act, shall be used to conduct the referendum.
    The referendum agents will mail the ballots to be cast in the 
referendum and voting instructions to all known first handlers 
receiving 500,000 or more pounds of mangos from producers in a calendar 
year and importers importing 500,000 or more pounds of mangos into the 
United States, during the two year representative period prior to the 
first day of the voting period. Persons who are first handlers and 
importers during the representative period are eligible to vote. 
Persons who received an exemption from assessments during the entire 
representative period are ineligible to vote. Any eligible first 
handler and importer who does not receive a ballot should contact the 
referendum agent no later than one week before the end of the voting 
period. Ballots must be received by the referendum agent by the March 
26, 2010 deadline, in order to be counted.

List of Subjects in 7 CFR Part 1206

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, mango promotion, Reporting and 
recordkeeping requirements.

    Authority:  7 U.S.C. 7411-7425 and 7 U.S.C. 7401.

    Dated: November 30, 2009.
Rayne Pegg,
Administrator.
[FR Doc. E9-28925 Filed 12-4-09; 8:45 am]
BILLING CODE 3410-02-P