[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Rules and Regulations]
[Page 60541-60543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc07-3]
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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