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

 
CONTENT
Federal Register, Volume 84 Issue 68 (Tuesday, April 9, 2019)
[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]
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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. 84, No. 68 / Tuesday, April 9, 2019 /
Proposed Rules
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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.
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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.
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    \1\ https://www.cbp.gov/trade/automated.
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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