[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14026-14027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06963]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / 
Proposed Rules  

[[Page 14026]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Document Number AMS-SC-18-0023C]


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

AGENCY: Agricultural Marketing Service, Department of Agriculture 
(USDA).

ACTION: Notification of referendum order; modification.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) is modifying a 
notification of referendum order published in the February 21, 2019 
issue of the Federal Register. This document amends the dates of the 
voting period for the referendum. 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: The voting period for the referendum published on February 21, 
2019 (84 FR 5379) is modified, and will now be conducted from May 13, 
2019 through June 3, 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 June 3, 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 June 3, 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 May 13, through June 3, 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 and increased the size of the Board 
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. 2017 
assessment data from the Board reflects approximately five first 
handlers and 275 importers of fresh mangos, of which approximately 100 
imported over 500,000 pounds or more into the United States. 2017 
Customs data indicated there were an estimated 190 importers of frozen 
mangos, of which approximately 60 imported over 200,000 pounds or more 
into the United States.\1\ It will take an average of 15 minutes for 
each voter to read the voting instructions and complete the referendum 
ballot.
---------------------------------------------------------------------------

    \1\ https://www.cbp.gov/trade/automated.
---------------------------------------------------------------------------

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. Persons who received an exemption from

[[Page 14027]]

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 June 
3, 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 June 3, 2019.

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: April 4, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019-06963 Filed 4-8-19; 8:45 am]
 BILLING CODE 3410-02-P