13530 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

cherries. Upon such diversion and 

compliance with the provisions of this 

section, the Board shall issue to the 

diverting grower a grower diversion 

certificate which such grower may 

deliver to a handler. Any grower 

diversions completed in accordance 

with this section, but which are 

undertaken in districts subsequently 

exempted by the Board from volume 

regulation under § 930.52(d), shall 

qualify for diversion credit. 

* * * * * 

Proposal submitted by USDA: 

Proposal Number 2 

Make such changes as may be 

necessary to the order to conform with 

any amendment thereto that may result 

from the hearing. 

Dated: March 4, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–5717 Filed 3–11–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1206 

[Doc No. AMS–FV–10–0092] 

Mango Promotion, Research, and 

Information Order; Reapportionment 

AGENCY: Agricultural Marketing Service. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to adjust 

the number of members on the National 

Mango Board (Board) from 20 to 18 to 

reflect the elimination of two non-voting 

wholesaler/retailer positions. In 

accordance with the Mango Promotion, 

Research, and Information Order 

(Order), which is authorized under the 

Commodity Promotion, Research, and 

Information Act of 1996 (Act), a review 

of the composition of the Board must be 

conducted every five years. The Board 

has reviewed the production volumes 

and geographical distribution of 

domestic and imported mangos, and 

submitted this information to the U.S. 

Department of Agriculture with a 

recommendation that no changes be 

made to the number of importer, first 

handler, or producer seats on the Board. 

However, the Board recommends 

elimination of two non-voting 

wholesaler/retailer positions that have 

not been filled since 2007. 

DATES: Comments must be received by 

April 13, 2011. 

ADDRESSES: Comments may be 

submitted electronically at http:// 

www.regulations.gov. Comments may 

also be sent to the Research and 

Promotion Branch, Fruit and Vegetable 

Programs, AMS, U.S. Department of 

Agriculture, Room 0632–S, Stop 0244, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; fax: 202– 

205–2800. All comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register. Comments will be 

made available for public inspection in 

the above office during regular business 

hours, or may be viewed at http:// 

www.regulations.gov. All comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Veronica Douglass, Marketing 

Specialist, Research and Promotion 

Branch, Fruit and Vegetable Programs, 

AMS, U.S. Department of Agriculture, 

Stop 0244, Room 0632–S, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0244; telephone: 

888–720–9917; fax: 202–205–2800; or email: veronica.douglass@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Mango Promotion, 

Research, and Consumer Information 

Order (Order) [7 CFR part 1206]. The 

Order is authorized by 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 

(OMB) 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. It is not intended to have a 

retroactive effect. 

Section 524 of the Act provides that 

the Act shall not affect or preempt any 

other State or Federal law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under the Act, a person subject to an 

order may file a petition with the U.S. 

Department of Agriculture (Department) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law, 

and requesting a modification of an 

order or an exemption from an order. 

Any petition 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, the 

Department 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 

the 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 the Department’s final ruling. 

Regulatory Flexibility Analysis and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS has considered the economic 

impact of this rule on small entities that 

would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

action to scale on businesses subject to 

such action, so that small businesses 

will not be disproportionately 

burdened. 

The Small Business Administration 

defines small agricultural producers as 

those having annual receipts of no more 

than $750,000, and small agricultural 

service firms as those having annual 

receipts of no more than $7 million (13 

CFR part 121). First handlers, importers, 

wholesalers, and retailers would be 

considered agricultural service firms. 

Currently, fewer than five first handlers 

and 193 importers are subject to 

assessment under the Order. The 

majority of producers would be 

considered small businesses. 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 assessment. Mangos that are 

exported out of the United States are 

also exempt from assessment. In 

addition, domestic producers, foreign 

producers, wholesalers, and retailers are 

not subject to assessment under the 

Order, but such individuals are eligible 

to serve on the Board along with 

importers and first handlers. 

Section 1206.30 (c) of the Order 

requires that the Board review the 

volume and geographical distribution of 

mango production and imports at least 

once every five years. If warranted, the 

Board will recommend to the 

Department that membership on the 

Board be altered to reflect any changes 


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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13531 

in the volume and geographical 

distribution of mango production and 

imports. 

The Order currently provides for a 

Board of 20 members including eight 

importers, one first handler, two 

domestic producers, seven foreign 

producers, and two non-voting 

wholesalers and/or retailers. At its 

November 16, 2010 meeting, the Board 

reviewed the volume and geographic 

distribution of mango production and 

imports from 2006 through 2009. Based 

on U.S. Customs data, the volume of 

mango imports to the U.S. declined 

from 666,772,761 pounds in 2006 to 

627,271,605 pounds in 2009. The 

Board’s eight importer seats are 

allocated based on the volume of 

mangos imported into each of the four 

Districts defined in the Order. The 

current allocation is two seats for 

District I, three seats for District II, two 

seats for District III, and one seat for 

District IV. The percentage of the total 

mango import volume imported into 

District I remained at 25 percent from 

2006 to 2009. Imports into District II 

grew from 35 percent of the total in 

2006 to 41 percent in 2009. Imports into 

District III fell from 28 percent of the 

total in 2006 to 23 percent in 2009. 

Imports into District IV fell from 12 

percent of the total in 2006 to 11 percent 

in 2009. Much of the domestic mango 

production was adversely affected by 

Hurricanes during the early 2000s. 

Accordingly, data provided by the 

Board shows that in 2006, no 

assessments were collected on domestic 

mangos, while in 2009 assessments 

were collected on 1,539,306 pounds of 

domestic mangos. After reviewing the 

data regarding mango imports and 

domestic production, the Board voted to 

recommend that no changes be made at 

this time to the number of importer, first 

handler, domestic producer, or foreign 

producer seats; or to the allocation of 

importer seats among the four districts. 

At the same meeting, the board voted 

to request elimination of the wholesaler/ 

retailer positions from the Order. These 

positions were included so that the 

board would include members with 

direct customer sales experience. The 

Board has made numerous attempts to 

nominate individuals to those positions; 

however, wholesalers and retailers are 

not interested in or do not have the time 

to serve on the Board. As a result, the 

two wholesaler/retailer positions have 

been vacant since 2008. These two 

positions do not represent assessment 

payers. If the wholesaler/retailer 

positions are eliminated, the Board 

would consist of a total of 18 members 

including eight importers, one first 

handler, two domestic producers, and 

seven foreign producers. 

Nominations and appointments to the 

Board are conducted pursuant to 

sections 1206.31 and 1206.33 of the 

Order. Appointments to the Board are 

made by the Secretary from a slate of 

nominated candidates. Pursuant to 

section 1206.31 of the Order, candidates 

for the importer, first handler, and 

domestic producer positions are 

nominated by their peers. Nominations 

for the foreign producer positions are 

solicited from foreign mango producer 

organizations. The Board nominates the 

wholesaler/retailer members. The Order 

requires that two nominees be 

submitted for each vacant position. 

In accordance with OMB regulation [5 

CFR part 1320], which implements 

information collection requirements 

imposed by the Paperwork Reduction 

Act of 1995 [44 U.S.C. 3501 et seq.], 

there are no new requirements 

contained in this rule. In fact a decrease 

of .33 hours in the information 

collection burden for the mango 

program is expected. The information 

collection requirements have been 

previously approved by OMB under 

OMB control number 0581–0093. 

The Department has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

proposed rule. 

Background 

The Order, which became effective 

November 3, 2004, is authorized under 

the Act and 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 nonvoting 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 marketplace 

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. 

Pursuant to section 1206.30(c) of the 

Order, at least once in each five-year 

period, the Board shall review the 

volume and geographical distribution of 

mango production and imports and, if 

warranted, make a recommendation to 

the Secretary to alter the Board’s 

membership. On November 16, 2010, at 

its fall meeting, the Board voted to 

recommend that no changes be made to 

the importer, first handler, domestic 

producer, or foreign producer positions, 

but that the non-voting wholesaler/ 

retailer positions be eliminated. If the 

wholesaler/retailer positions are 

eliminated, the Board’s membership 

would be reduced from 20 to 18. 

Accordingly, the proposed rule would 

delete the definition of retailer in 

section 1206.19 and wholesaler in 

section 1206.24 and references to 

wholesalers in sections 1206.31 and 

1206.32. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate so that the proposed 

amendments, if adopted, may be 

implemented before the Board’s 2012 

term of office, which begins on January 

1, 2012. All written comments received 

in response to this rule by the date 

specified will be considered prior to 

finalizing this action. 

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mango Promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1206 is proposed 

to be amended as follows: 

PART 1206—MANGO PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

1. The authority citation for 7 CFR 

part 1206 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425 and 7 

U.S.C. 7401. 

§ 1206.19 [Reserved] 

2. Remove and reserve § 1206.19. 

§ 1206.24 [Reserved] 

3. Remove and reserve § 1206.24. 

4. Amend § 1206.30 by revising 

paragraph (a) to read as follows: 

§ 1206.30 Establishment of the National 

Mango Promotion Board. 

(a) Establishment of the National 

Mango Promotion Board. There is 

hereby established a National Mango 

Promotion Board composed of eight 

importers, one first handler, two 

domestic producers, and seven foreign 

producers. The chairperson shall reside 

in the United States and the Board office 

shall also be located in the United 

States. 

* * * * * 


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13532 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

§ 1206.31 [Amended] 

5. Amend § 1206.31 by removing 

paragraph (h), and redesignating 

paragraph (i) as paragraph (h). 

6. Revise § 1206.32 to read as follows: 

§ 1206.32 Term of office. 

The term of office for first handler, 

importer, domestic producer, and 

foreign producer members of the Board 

will be three years, and these members 

may serve a maximum of two 

consecutive three-year terms. When the 

Board is first established, the first 

handler, two importers, one domestic 

producer, and two foreign producers 

will be assigned initial terms of four 

years; three importers, one domestic 

producer, and two foreign producers 

will be assigned initial terms of three 

years; and three importers and three 

foreign producers will be assigned 

initial terms of two years. Thereafter, 

each of these positions will carry a full 

three-year term. Members serving initial 

terms of two or four years will be 

eligible to serve a second term of three 

years. Each term of office will end on 

December 31, with new terms of office 

beginning on January 1. 

Dated: March 4, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–5715 Filed 3–11–11; 8:45 am] 

BILLING CODE 3410–02–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Chapter 1 

[Docket No.: SBA–2011–0012] 

Reducing Regulatory Burden; 

Retrospective Review Under Executive 

Order 13563 

AGENCY: U.S. Small Business 

Administration 

ACTION: Request for information. 

SUMMARY: As part of its implementation 

of Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ the 

Small Business Administration (SBA) is 

seeking comments and information from 

interested parties to assist the agency in 

reviewing its existing regulations to 

determine whether they should be 

streamlined, expanded, or withdrawn. 

The primary objectives of this review 

are to make SBA’s regulatory program 

more cost effective and less burdensome 

on participants in the Agency’s 

programs while continuing to promote 

economic growth, innovation, and job 

creation. SBA seeks public input on the 

design of a plan to use for periodic 

retrospective review of its regulations 

and an initial list of the rules to be 

reviewed under the plan. 

DATES: Comments are requested on or 

before April 13, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket Number SBA– 

2011–0012 using any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Identify 

comments by ‘‘Docket Number SBA– 

2011–0012, Regulatory Burden RFI,’’ 

and follow the instructions for 

submitting comments. 

Mail: U.S. Small Business 

Administration, Office of the General 

Counsel, 409 Third Street, SW., 

Washington, DC 20416. 

SBA will post comments on http:// 

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit the information to Martin 

S. Conrey, Assistant General Counsel for 

Legislation and Appropriations, Office 

of General Counsel, 409 Third Street, 

SW., Washington, DC 20416. Highlight 

the information that you consider to be 

CBI, and explain why you believe this 

information should be held confidential. 

SBA will review the information and 

make the final determination of whether 

it will publish the information or not. 

FOR FURTHER INFORMATION CONTACT: 

Martin S. Conrey, Assistant General 

Counsel for Legislation and 

Appropriations, Office of the General 

Counsel, 409 Third Street, SW., 

Washington, DC 20416; telephone 

number: 202–619–0638; fax number: 

202–205–6846; e-mail address: 

martin.conrey@sba.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

The mission of the Small Business 

Administration is to maintain and 

strengthen the Nation’s economy by 

enabling the establishment and viability 

of small businesses, and by assisting in 

economic recovery of communities after 

disasters. In carrying out this mission, 

SBA has developed a regulatory policy 

that is implemented primarily through 

several core program offices: Office of 

Capital Access, Office of Disaster 

Assistance, Office of Entrepreneurial 

Development, Office of Government 

Contracting and Business Development, 

Office of International Trade, and Office 

of Investment and Innovation. SBA’s 

regulations are codified at Title 13 Code 

of Federal Regulations, Chapter I, and 

consist of Parts 100 through 147. 

II. Executive Order 13563 

On January 18, 2011, the President 

issued Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ that requires Federal agencies 

to seek more affordable, less intrusive 

means to achieve policy goals, and to 

give careful consideration to the benefits 

and costs of their regulations. The 

Executive Order also requires agencies 

to review existing rules to remove 

outdated regulations that stifle job 

creation and make the U.S. economy 

less competitive. Agencies are directed 

to develop a preliminary plan under 

which they will periodically review 

existing regulations to determine which 

should be maintained, modified, 

strengthened, or withdrawn in order to 

increase their effectiveness and decrease 

the burdens of the agency’s regulatory 

program. 

III. Retrospective Review Plan 

In compliance with the executive 

order, SBA seeks help in designing the 

plan it will use for the periodic review 

of its existing regulations and an initial 

list of candidate rules for review. The 

Agency’s goal is to create a systematic 

method for identifying those significant 

rules that are obsolete, unnecessary, 

unjustified, or counterproductive. The 

public is first asked to comment on how 

SBA should devise its preliminary plan, 

with a defined method and schedule, for 

identifying certain significant rules that 

may be obsolete, unnecessary, 

unjustified, excessively burdensome, or 

counterproductive. It would be helpful 

for comments to address how SBA 

could best evaluate and analyze 

regulations in order to expand on those 

that work and to modify, improve, or 

rescind those that do not. Comments 

might address how SBA can best obtain 

and consider accurate, objective 

information and data about the costs, 

burdens, and benefits of existing 

regulations and whether there are 

existing sources of data that SBA can 

use to evaluate the post-promulgation 

effects of regulations over time. SBA is 

particularly interested in the public’s 

views about how well its current 

processes for reviewing regulations 

function and how those processes might 

be expanded or otherwise adapted to 

meet the objectives of Executive Order 

13563. SBA is also interested in 

comments about factors that we should 

consider in setting priorities and 

selecting rules for review. 

SBA intends for its preliminary plan 

to include an initial list of candidate 

rules to review. SBA solicits suggestions 

for specific rules that should be on the 

list. In suggesting rules for review, 


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