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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
handlers and importers to 1 ascertain whether the continuance of the Order is favored by eligible first handlers and importers covered under the Order, 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 Order. The results were announced on October 20, 2020, stating that 60
percent of mango first handlers and importers voting were in favor of continuing the Order. On the question as to whether to continue frozen mangos as a covered commodity in the Order, 42
percent voted to keep frozen mangos in the Order, 49 percent voted to eliminate frozen mangos, and 9 percent did not vote on this question. Of those representing frozen mangos, 83 percent voted to eliminate frozen mangos as a covered commodity.
This rule removes references to frozen mangos as a covered commodity under the Order including: Removing definitions for frozen mangos and foreign processor of frozen mangos;
reducing the Boards membership from 21 to 18 by eliminating two importers of frozen mangos and one foreign processor of frozen mangos; removing assessment collection provisions for frozen mangos at a rate of one cent $0.01 per pound and thereby eliminating assessments on frozen mango imports; removing the exemption of assessment for importers who import less than 200,000 pounds of frozen mangos annually; removing definitions for frozen mango importers concerning eligibility in a referendum; and clarifying and conforming changes to other provisions of the Order. This rule will also update the OMB number 0581
0209 listed in 1206.108 to OMB
number 05810093.
In accordance with the Paperwork Reduction Act of 1995 44 U.S.C.
Chapter 35, the information collection and recordkeeping requirements previously approved by the OMB and titled Frozen Mango Research, Promotion and Information Program, and assigned OMB No. 05810314 will be submitted to OMB for withdrawal as these forms and information collection regarding frozen mangos are no longer needed.
The information collection package 05810314 that imposes a total burden of 166 hours and 475 responses for 190
respondents will be terminated.
The industry voted in a referendum held September 21, through October 9, 2020, to remove frozen mangos as a covered commodity from the Order. On October 20, 2020, the Department announced through a notice to trade
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that 42 percent of mango first handlers and importers voted to keep frozen mangos as a covered commodity, 49
percent of mango first handlers and importers voting were not in favor of frozen mangos as a covered commodity and 9 percent did not vote on this question. Of those representing frozen mangos 83 percent voted to eliminate frozen mango as a covered commodity under the Order.
AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
USDA has determined that several provisions of the Order 7 CFR part 1206 are not favored by persons voting in a referendum conducted pursuant to the Act. USDA has determined that this rule is consistent with and will effectuate the purposes of the 1996 Act.
Pursuant to 5 U.S.C. 553, it is also 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: 1 This action removes provisions referencing frozen mangos as a covered commodity under the Order, thereby relieving importers and foreign processors of frozen mangos from the burden to remit assessments and to complete information collection requirements; 2
the termination of frozen mangos as a commodity covered by the Order was favored by 49 percent of mango first handlers and importers voting in the referendum; 3 of those representing frozen mangos, 83 percent voted to eliminate frozen mangos as a covered commodity under the Order; and 4 this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of 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.
For the reasons set forth in the preamble, 7 CFR part 1206 is amended as follows:

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PART 1206MANGO RESEARCH, PROMOTION, AND INFORMATION
ORDER
1. The authority citation for 7 CFR
part 1206 continues to read as follows:

Authority: 7 U.S.C. 74117425 and 7
U.S.C. 7401.

2. Revise 1206.6 to read as follows:

1206.6

First handler.

First handler means any person excluding a common or contract carrier receiving 500,000 or more pounds of mangos from producers in a calendar year and who as owner, agent, or otherwise ships or causes mangos to be shipped as specified in this Order.
This definition includes those engaged in the business of buying, selling and/
or offering for sale; receiving; packing;
grading; marketing; or distributing mangos in commercial quantities. The term first handler includes a producer who handles or markets mangos of the producers own production.
3. Revise 1206.8 to read as follows:
1206.8

Foreign producer.

Foreign producer means any person:
a Who is engaged in the production and sales of mangos outside of the United States who owns, or shares the ownership and risk of loss of the crop for sale in the U.S. market; or b Who is engaged, outside of the United States, in the business of producing, or causing to be produced, mangos beyond the persons own family use and having value at first point of sale.
4. Revise 1206.9 to read as follows:
1206.9

Importer.

Importer means any person importing 500,000 or more pounds of mangos into the United States in a calendar year as a principal or as an agent, broker, or consignee of any person who produces or handles mangos outside of the United States for sale in the United States, and who is listed as the importer of record for such mangos.
5. Revise 1206.11 to read as follows:
1206.11

Mangos.

Mangos means all fresh fruit of Mangifera indica L. of the family Anacardiaceae.
6. In 1206.30, revise paragraphs a and b to read as follows:
1206.30

Establishment and membership.

a Establishment of the National Mango Board. There is hereby established a National Mango Board composed of eight importers; one first handler; two domestic producers; and
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