[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Proposed Rules]
[Pages 5379-5380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02851]


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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. 84, No. 35 / Thursday, February 21, 2019 / 
Proposed Rules  

[[Page 5379]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Document Number AMS-SC-18-0023]


Mango Promotion, Research and Information Order; Referendum on 
Inclusion of Frozen Mangos

AGENCY: Agricultural Marketing Service.

ACTION: Notification of referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible first handlers and importers of mangos to determine whether 
they favor the inclusion of frozen mangos as a covered commodity under 
the Mango Promotion, Research and Information Order (Order).

DATES: This referendum will be conducted from March 25, 2019 through 
April 12, 2019. The U.S. Department of Agriculture (Department) will 
provide the option for electronic ballots. Further details will be 
provided in the ballot instructions. First handlers who received 
500,000 or more pounds of fresh mangos from producers and importers who 
imported 500,000 or more pounds of fresh mangos or 200,000 or more 
pounds of frozen mangos into the United States, during the 
representative period from January 1 through December 31, 2017, are 
eligible to vote. Mail ballots must be postmarked by April 12, 2019. 
Ballots delivered via express mail or email must show proof of delivery 
by no later than 11:59 p.m. Eastern Time (ET) on April 12, 2019.

ADDRESSES: Copies of the Order may be obtained from: Referendum Agent, 
Promotion and Economics Division (PED), Specialty Crops Program (SCP), 
AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue SW, 
Washington, DC 20250-0244; telephone: (202) 720-9915, (202) 720-5976 
(direct line); facsimile: (202) 205-2800.

FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, 
PED, SCP, AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue 
SW, Washington, DC 20250-0244; telephone: (202) 720-9915, (202) 720-
5976 (direct line); facsimile: (202) 205-2800; or electronic mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, 
Research and Information Act of 1996 (7 U.S.C. 7411-7425) (1996 Act), 
it is hereby directed that a referendum be conducted to ascertain 
whether the inclusion of frozen mangos in the Order is favored by 
eligible first handlers of fresh mangos and importers of fresh and 
frozen mangos covered under the program. Recently, the Order was 
modified to add frozen mangos as a covered commodity, and importers of 
frozen mangos will be assessed one cent ($0.01) per pound on frozen 
mangos. In addition, the National Mango Board membership has been 
expanded from 18 to 21 with the addition of two seats for importers of 
frozen mangos and one seat for a foreign processor. As these changes to 
the Order involve new covered entities, the Department determines that 
it is appropriate to conduct a referendum on the provisions regarding 
frozen mangos to ensure that those covered under the program agree with 
continuation of the Order as modified.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1 through December 31, 
2017. First handlers who received 500,000 or more pounds of fresh 
mangos from producers and importers who imported 500,000 or more pounds 
of fresh mangos or 200,000 or more pounds of frozen mangos into the 
United States during the 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 25, through April 12, 2019. The 
Department will provide the option for electronic ballots. Further 
details will be provided in the ballot instructions.
    Section 518(d) of the Act authorizes referenda at any time to 
determine whether the continuation, suspension, or termination of the 
order or a provision of the order is favored by persons eligible to 
vote. The Department would retain the provisions of the Order that 
added frozen mangos to the program if approved by a majority of the 
first handlers and importers voting in the referendum. If not approved, 
the Department will conduct rulemaking to remove the provisions from 
the Order.
    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 275 
importers of fresh mangos and 190 importers of frozen mangos 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

    Jeanette Palmer, Marketing Specialist and Heather Pichelman, 
Director, Promotion and Economics Division, SCP, AMS, USDA, Stop 0244, 
Room 1406-S, 1400 Independence Avenue SW, Washington, DC 20250-0244, 
are designated as the referendum agents to conduct this referendum. The 
referendum procedures at 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 distribute the ballots to be cast in the 
referendum and voting instructions to all known first handlers who 
received 500,000 or more pounds of fresh mangos from producers and 
importers who imported 500,000 or more pounds of fresh mangos or 
200,000 or more of frozen mangos into the United States during the 
representative period, prior to the first day of the voting period. 
Persons who are eligible first handlers or importers during the 
representative period and are first handlers or importers at the time 
of the referendum are eligible to vote. Persons who received an 
exemption from assessments during the entire representative period are 
ineligible to vote. Any eligible first handler or importer who does not 
receive a ballot should contact a referendum agent no later than one 
week before the end of the voting period. Mail ballots must be 
postmarked by April 12, 2019. Ballots delivered via express mail or 
email must show proof of delivery by no later than 11:59 p.m. Eastern 
Time (ET) on April 12, 2019.

[[Page 5380]]

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: February 14, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019-02851 Filed 2-20-19; 8:45 am]
BILLING CODE 3410-02-P