Mango Promotion, Research, and Information Order; Amendment to Term of Office Provision, 60541-60543 [07-5268]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Pages 60541-60543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5268]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Docket No.: AMS-FV-07-0042; FV-07-702 FR]


Mango Promotion, Research, and Information Order; Amendment to 
Term of Office Provision

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim final rule that modifies 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: October 26, 2007.

FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist, 
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); or e-mail: kimberly.coy@usda.gov.

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 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 considered 
the economic impact of this rule on small entities and has prepared 
this final regulatory impact analysis on a substantial number of small 
entities. 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 $6.5 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

[[Page 60542]]

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 the 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 market place 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 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 importer 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.
    An interim final rule concerning this action was published in the 
Federal Register (71 FR 41425) on July 30, 2007. Copies of the rule 
were made available through the Internet by USDA and the Office of the 
Federal Register. That rule provided a 30-day comment period which 
ended on August 29, 2007. One comment was received by the deadline.
    The commenter opposed the government regulations placed on the 
American people. However, the comment concerned the marketing of 
onions.
    After consideration of all relevant material presented, the Board's 
recommendation, and other information, it is hereby found that this 
rule is consistent with and will tend to effectuate the declared policy 
of the Act. The interim final rule as published in the Federal Register 
(71 FR 41425) on July 30, 2007, is adopted as a final rule, without 
change.

List of Subjects in 7 CFR Part 1206

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Mango promotion, reporting and 
recording, requirements.

PART 1206--MANGO PROMOTION, RESEARCH, AND INFORMATION ORDER

0
Accordingly, the interim final rule amending 7 CFR part 1206 which was 
published at 71 FR 41425 on July 30,

[[Page 60543]]

2007, is adopted as a final rule without change.

    Dated: October 18, 2007.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 07-5268 Filed 10-24-07; 8:45 am]
BILLING CODE 3410-02-M