Mango Promotion, Research, and Information Order; Amendment to Term of Office Provision, 41425-41427 [E7-14612]

Download as PDF jlentini on PROD1PC65 with RULES Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee’s meeting was widely publicized throughout the Florida citrus industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 29, 2007, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this interim final rule, including the regulatory and informational impacts of this action on small businesses. This action imposes no additional reporting or recordkeeping requirements on either small or large Florida citrus handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ fv/moab.html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also 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 that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2007–08 fiscal period begins August 1, 2007, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable Florida citrus handled VerDate Aug<31>2005 16:39 Jul 27, 2007 Jkt 211001 during such fiscal period; (2) this action decreases the assessment rate for assessable Florida citrus beginning with the 2007–08 fiscal year; (3) handlers are aware of this action, which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years; and (4) this interim final rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. I For the reasons set forth in the preamble, 7 CFR part 905 is amended as follows: PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 1. The authority citation for 7 CFR part 905 continues to read as follows: I Authority: 7 U.S.C. 601–674. 2. Section 905.235 is revised to read as follows: I § 905.235 Assessment rate. On and after August 1, 2007, an assessment rate of $0.0072 per 4/5 bushel carton or equivalent is established for Florida citrus covered under the order. Dated: July 23, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7–14621 Filed 7–27–07; 8:45 am] BILLING CODE 3410–02–P 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 Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. AGENCY: 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 41425 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 https:// 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 https:// 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 E:\FR\FM\30JYR1.SGM 30JYR1 41426 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations jlentini on PROD1PC65 with RULES 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, VerDate Aug<31>2005 16:39 Jul 27, 2007 Jkt 211001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 nonvoting 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 threeyear 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 E:\FR\FM\30JYR1.SGM 30JYR1 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations 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 § 1206.30 establishment and membership, § 1206.31 nominations and appointments, and § 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. jlentini on PROD1PC65 with RULES List of Subjects in 7 CFR Part 1206 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Mango promotion, reporting and recording, requirements. For the reasons set forth in the preamble, 7 CFR part 1206 is amended as follows: I VerDate Aug<31>2005 16:39 Jul 27, 2007 Jkt 211001 PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1206 continues to read as follows: I Authority: 7 U.S.C. 6101–6112. 2. Section 1206.32 is revised to read as follows: I § 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] 41427 document updates the HTS codes for the mentioned imported commodities in 7 CFR 1209.51(e)(3) and 7 CFR 1210.515(b). DATES: Effective date: July 30, 2007. FOR FURTHER INFORMATION CONTACT: Daniel Rafael Manzoni, Research and Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, Stop 0244, 1400 Independence Avenue, SW., Room 0634–S, Washington, DC 20250–0244, telephone (202) 720–9915, fax (202) 205–2800, or e-mail daniel.manzoni@usda.gov. SUPPLEMENTARY INFORMATION: This document provides for corrections to 7 CFR part 1209 and 7 CFR part 1210 to reflect changes to the HTS codes for imported mushrooms and watermelons. List of Subjects 7 CFR Part 1209 Administrative practice and procedure, Advertising, Consumer information, Marketing Agreements, Mushroom promotion, Reporting and recordkeeping requirements. 7 CFR Part 1210 Agricultural promotion, Agricultural research, Market development, Reporting and recordkeeping requirements, Watermelons. I Accordingly, 7 CFR Part 1209 and CFR Part 1210 are corrected by making the following correcting amendments: PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER BILLING CODE 3410–02–P 1. The authority citation for 7 CFR part 1209 continues to read as follows: I DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 1209 and 1210 Mushroom Promotion, Research, and Consumer Information Order and Watermelon Research and Promotion Plan; Corrections Agricultural Marketing Service, USDA. ACTION: Correcting amendments. AGENCY: SUMMARY: The Agricultural Marketing Service (AMS) is making corrections to the Code of Federal Regulations (7 CFR part 1209 and 7 CFR part 1210) to reflect the modification of Harmonized Tariff Schedule (HTS) codes for imported mushrooms and watermelons by U.S. Customs and Border Protection. This Frm 00005 Fmt 4700 Sfmt 4700 2. In § 1209.51, revise paragraph (e)(3) to read as follows: § 1209.51 [Doc. No. AMS–FV–07–0070; FV–07–704] PO 00000 Authority: 7 U.S.C. 6101–6112. I Assessments. * * * * * (e) * * * (3) The import assessment shall be uniformly applied to imported mushrooms that are identified by the numbers, 0709.51.01 and 0709.59 in the Harmonized Tariff Schedule of the United States or any other number used to identify fresh mushrooms. * * * * * PART 1210—WATERMELON PROMOTION, RESEARCH, AND PROMOTION PLAN 3. The authority citation for 7 CFR part 1210 continues to read as follows: I Authority: 7 U.S.C. 4901–4916 E:\FR\FM\30JYR1.SGM 30JYR1

Agencies

[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Rules and Regulations]
[Pages 41425-41427]
From the Federal Register Online via the Government Printing 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.

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

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 https://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 
https://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