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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
946.143 and 946.248

Stayed
public on the internet at http
www.regulations.gov.

2. Stay 946.143 and 946.248
indefinitely.

FOR FURTHER INFORMATION CONTACT:

Marlene Betts, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406S, Stop 0244, Washington, DC
202500244; telephone: 202 7205057;
or email: Marlene.Betts@usda.gov.
SUPPLEMENTARY INFORMATION: This rule affecting 7 CFR part 1206 the Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 1996 Act 7 U.S.C. 7411
7425.

Bruce Summers, Administrator, Agricultural Marketing Service.
FR Doc. 202103528 Filed 22321; 8:45 am BILLING CODE P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 1206
Document No. AMSSC200086

Mango Promotion, Research and Information Order; Removal of Frozen Mangos Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
AGENCY:

This rule amends the Mango Promotion, Research and Information Order Order by removing the provisions of frozen mangos as a covered commodity. The Order is administered by the National Mango Board Board with oversight by the U.S.
Department of Agriculture USDA. In a referendum, first handlers and importers voted to remove frozen mangos as a covered commodity under the Order. This rule will remove frozen mangos as a covered commodity, discontinue the collection of assessments on frozen mangos, remove frozen mango entity representation on the Board, and make necessary conforming changes.
DATES:
Effective date: February 25, 2021.
Assessment collection on frozen mangos will discontinue on the effective date of this rule.
Comments due: Comments which are received by April 26, 2021 will be considered prior to issuance of any final rule.
ADDRESSES: Interested persons are invited to submit written comments concerning this rule. All comments must be submitted through the Federal e-rulemaking portal at: http
www.regulations.gov and should reference the document number and the date and page number of this issue of the Federal Register. All comments submitted in response to this rule will be included in the rulemaking record and will be made available to the public. Please be advised that the identity of individuals or entities submitting comments will be made
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Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications.
Executive Order 12988
In addition, this rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have a retroactive effect. Section 524
of the 1996 Act 7 U.S.C. 7423 provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity.
Under section 519 of the 1996 Act 7
U.S.C. 7418, a person subject to an order issued under the Act may file a written petition with USDA stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with the law, and request a modification of the order or an exemption from the order. Any petition
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filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDAs final ruling.
Background The Mango Promotion, Research, and Information Order Order took effect in November 2004 69 FR 59120, and assessment collection began in January 2005 for fresh mangos. The Order is administered by the National Mango Board Board with oversight by the U.S.
Department of Agriculture. Currently, the program is funded by assessments on first handlers and importers of fresh and frozen mangos, and is focused on maintaining and expanding existing markets and uses for fresh and frozen mangos through its research, promotion and information efforts.
Frozen mangos as a covered commodity was added to the Order on February 21, 2019 84 FR 5335, and a referendum was held in 2019 to determine whether the industry favored the inclusion of frozen mangos as a covered commodity under the Order. In the 2019 referendum, 52.5 percent of first handlers and importers of fresh and frozen mangos were in favor of the amendment to add frozen mangos to the Order. Since the vote passed by a small margin, the frozen mango industry asked the Board to conduct another referendum on whether frozen mangos should continue as a covered commodity under the Order.
The Order prescribes that every five years, the USDA conduct a referendum to determine if first handlers and importers of mangos favor the continuation of the Order. Such a referendum was required to be conducted in 2020. At the Boards September 2019 meeting, it was unanimously recommended to the USDA to add a second question to the continuance referendum ballot concerning frozen mangos as a covered commodity. USDA conducted a referendum from September 21 through October 9, 2020, among eligible first handlers and importers to 1 ascertain whether the continuance of the Order is
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