Mango Promotion, Research and Information Order; Continuance Referendum
| Published date | 18 August 2020 |
| Citation | 85 FR 50795 |
| Record Number | 2020-16295 |
| Section | Proposed rules |
| Court | Agricultural Marketing Service |
Federal Register, Volume 85 Issue 160 (Tuesday, August 18, 2020)
[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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
