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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations Section 1206.31, which describes the procedures for nominating and appointing Board members to the Board, was revised to remove procedures for nominating foreign processors and importers of frozen mangos. Section 1206.32, which specifies that Board members serve for a 3-year term of office and may serve a maximum of two consecutive 3-year terms, was revised to remove the references to importers of frozen mangos and foreign processors.
Section 1206.42 specifies the assessment rate for fresh mangos and frozen mangos. Paragraph b was revised to remove the provisions assessing importers of frozen mangos one cent $0.01 per pound, and paragraph d2, which includes the Harmonized Tariff Schedule HTS of the United States that applies to imported frozen mangos number 0811.90.5200, was removed from the Order. Assessments on frozen mango importers have been terminated.
Subpart B of part 1206 specifies procedures for conducting a referendum. In 1206.101, paragraphs c, d, and e were revised to delete the references to eligibility of frozen mango importers to vote in referenda, as frozen mangos are no longer a covered commodity, and to restore definitions prior to when this section was amended.
Finally, the interim final rule updated the OMB control number specified in 1206.108 from 05810209 to 0581
0093.
Sections 1206.34 and 1206.43 from the interim final rule are being further revised. Section 1206.34 specifies quorum requirements for Board meetings, and with the reduction of the Board from 21 to 18, a decrease in quorum requirements is necessary.
Therefore, this section was revised to specify that a quorum at a Board meeting exists when at least 10 of the 18
Board members are present. A comment was received requesting a quorum at Board meetings be when at least one more than half of the voting members are present. The comment was accepted, and the section is revised in this final rule.
In 1206.43, paragraphs a and b were revised to remove references to frozen mango exemptions as frozen mangos are no longer a covered commodity. In making these changes, paragraph a was inadvertently changed to exempting domestic first handlers when the intent was to simply remove frozen mangos as a covered commodity, and therefore, further revision is needed.

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Regulatory Flexibility Act Analysis and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act RFA 5 U.S.C. 601
612, AMS is required to examine the impact of the rule on small entities.
Accordingly, AMS has considered the economic impact of this action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be 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 first handlers and importers as those having annual receipts of no more than $7.5
million.
According to the Board, there are five first handlers of fresh mangos. Based on 2019 Customs data, the majority of first handlers handled less than $7.5 million worth of fresh mangos and would thus be considered small entities.
Based on 2019 Customs data,1 there are about 100 importers of fresh mangos and 70 importers of frozen mangos. The majority of fresh and frozen mango importers import less than $7.5 million worth of fresh or frozen mangos and would also be considered small entities.
This action will remove frozen mango importers from the requirements associated with this research and promotion Order and result in a regulatory relaxation, and is therefore expected to reduce costs for frozen mango importers.
This rule amends AMSs regulations regarding the mango research and promotion program to remove frozen mangos as a covered commodity under the Order. A continuance referendum was conducted September 21 through October 9, 2020, among eligible first 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 1 https www.cbp.gov/trade/automated.

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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 adopts the following proposed changes in the interim rule without change and 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.
Sections 1206.34 and 1206.43 from the interim final rule are being further revised for clarification in this rule.
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 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.

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