[Federal Register: July 30, 2007 (Volume 72, Number 145)]
[Rules and Regulations]
[Page 41425-41427]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy07-2]
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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.
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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 http://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
http://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