[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Proposed Rules]
[Pages 50795-50796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16295]


 ========================================================================
 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. 85, No. 160 / Tuesday, August 18, 2020 / 
Proposed Rules  

[[Page 50795]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Document Number AMS-SC-19-0108]


Mango Promotion, Research and Information Order; Continuance 
Referendum

AGENCY: Agricultural Marketing Service.

ACTION: Notification of referendum.

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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 continuance of the Agricultural Marketing Service's (AMS) 
regulations regarding a national mango research and promotion program 
and whether frozen mangos continue to be covered under the program.

DATES: The referendum will be conducted from September 21, 2020 through 
October 9, 2020. Ballots delivered to AMS via express mail or 
electronic means must show proof of delivery no later than 11:59 p.m. 
Eastern Time (ET) on October 9, 2020.

ADDRESSES: Copies of the Mango Promotion, Research and Information 
Order (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, facsimile: (202) 205-2800.

FOR FURTHER INFORMATION CONTACT: Marlene Betts, Marketing Specialist, 
PED, SCP, AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue 
SW, Washington, DC 20250-0244; telephone: (202) 720-5057, 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: (1) Ascertain 
whether the continuance of the Order is favored by eligible first 
handlers and importers covered under the program, and (2) ascertain 
whether the continuance of frozen mangos as a covered commodity in the 
Order is favored by eligible first handlers and importers (including 
frozen mango importers) covered under the program.
    The second question is being included on the ballot because the 
Order was amended on February 21, 2019 (84 FR 5335) to add frozen 
mangos as a covered commodity. Therefore, importers of frozen mangos 
are currently paying an assessment of one cent ($0.01) per pound on 
frozen mangos. In addition, the National Mango Board membership was 
expanded from 18 to 21 with the addition of two seats for importers of 
frozen mangos and one seat for a foreign processor. The Department has 
determined that it is appropriate to conduct a referendum with two 
separate questions on the ballot in order to determine whether frozen 
mangos should continue as a covered commodity under the Order and 
whether first handlers and importers favor the continuation of the 
Order.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1 through December 31, 
2019. Frozen importers began to be assessed under the Order on July 22, 
2019, and therefore are eligible to vote since they imported during the 
representative period. 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 pursuant to Sec. Sec.  1206.43 and 1206.202 for the entire 
representative period are ineligible to vote. The Department will 
provide the option for electronic ballots. The referendum shall be 
conducted by express mail and electronic ballot from September 21, 
through October 9, 2020. Further details will be provided in the ballot 
instructions.
    Section 518(d) of the Act (7 U.S.C. 7417) authorizes continuance 
referenda. Under Sec.  1206.71(b) of the Order, the Department must 
conduct a referendum every five years to determine whether first 
handlers and importers of mangos favor the continuation of the Order.
    The Department will determine the results of the two referendum 
questions separately. The Department would continue the program if 
continuance is favored by a majority of first handlers and importers 
voting in the referendum. In addition, the Department would retain the 
provisions of the Order that added frozen mangos to the program and 
increased the size of the Board if favored by a majority of fresh first 
handlers and importers and frozen importers voting in the referendum. 
The provisions would also be retained if favored by a majority of 
frozen importers voting in the referendum. If not favored, the 
Department would conduct rulemaking to remove these 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. Based on 
assessment and Customs data, it has been estimated that there are 
approximately 5 first handlers and 100 importers of fresh mangos and 70 
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

    Marlene Betts, 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 1996 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 eligible first handlers 
who received 500,000 or more pounds of fresh mangos from producers and 
to 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.

[[Page 50796]]

Persons who first handled or imported mangos during the representative 
period are eligible to vote. Persons who received an exemption from 
assessments pursuant to Sec. Sec.  1206.43 and 1206.202 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 three days before the end of the voting 
period. Ballots delivered via express mail or electronic means must 
show proof of delivery no later than 11:59 p.m. Eastern Time (ET) on 
October 9, 2020.

List of Subjects in 7 CFR Part 1206

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

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

Bruce Summers,
Administrator.
[FR Doc. 2020-16295 Filed 8-17-20; 8:45 am]
BILLING CODE 3410-02-P