59120 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

small increase in income as a result of 

the interim rule. 

Nurseries and Christmas tree growers 

that move a substantial number of 

shipments from the generally infested 

areas would be able to minimize 

treatment costs by treating their 

premises for gypsy moths under a 

compliance agreement with APHIS. 

These treatments cost businesses 

between $10 and $20 per acre. This 

alternative allows nurseries and 

Christmas tree growers to issue their 

own certificates provided they are under 

a compliance agreement and is less 

costly than treating individual 

shipments. The entities most likely to 

choose this option are nurseries that 

move a substantial number of shipments 

from generally infested areas and that 

treat their premises for other pests in 

addition to the gypsy moth. Producers 

that do not operate under a compliance 

agreement with APHIS, but treat their 

premises under this option, would 

receive certification for each shipment 

from an inspector. 

The economic impact of the interim 

rule will vary depending on the size of 

the entities affected, the levels of 

infestation, and the size and number of 

shipments to noninfested areas. Within 

the one Ohio county and seven 

Wisconsin counties added to the list of 

generally infested areas, there are 

approximately 450 Christmas tree 

growers, nurseries, loggers, sawmills, 

and individuals involved in the 

movement of regulated articles that may 

incur costs from the interim rule. 

According to the size standards 

established by the Small Business 

Administration, all of these businesses 

are considered small entities. 

In Hocking County, the newly 

regulated county in Ohio, there are 25 

potentially affected establishments. The 

value of Christmas tree and greenhouse/

nursery products sold by these 

establishments in 2002 was $541,000, 

which represents 0.12 percent of the 

total value of sales of these products in 

Ohio. These businesses annually ship 

about 400 shipments, of which 

approximately half, or 200 shipments, 

leave the regulated area. Approximately 

58 percent of the shipments leaving the 

regulated area would require treatment, 

creating an approximate cost range of 

$11,600 to $17,400 annually. Given 

these estimates, the cost of additional 

treatments would be small relative to 

the total value of sales in Hocking 

County. 

There are 425 potentially affected 

establishments in the seven Wisconsin 

counties. The value of Christmas tree 

and greenhouse/nursery products sold 

by these establishments in 2002 was 

$25.546 million, which represents 

approximately 11.57 percent of the total 

value of sales of these products in 

Wisconsin. These businesses annually 

ship about 2,150 shipments, of which 

approximately 34 percent, or 723 

shipments, leave the regulated area. 

Only about 16 percent of the shipments 

from these areas would require 

treatment, with costs of approximately 

$11,568 to $17,352 annually. With these 

estimates, the cost of additional 

treatments would be very small relative 

to the total value of sales in the newly 

affected Wisconsin counties. 

The regulatory requirements imposed 

by the interim rule are expected to cause 

a slight increase in costs for the affected 

entities. The relative negative impact 

that may result from the interim rule is 

very small when compared with the 

potential for harm to related industry 

and the U.S. economy as a whole 

resulting from the further spread of the 

pest. Since the total value of the 

regulated articles moved from infested 

to noninfested areas is a small fraction 

of the national total, the effect on 

national prices is expected to be slight. 

Additionally, since the rule is not 

prohibitive, articles that meet the 

requirements of the regulations would 

continue to enter the market. Therefore, 

the overall impact upon price and 

competitiveness is expected to be 

relatively insignificant. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Services has 

determined that this action will not 

have a significant impact on a 

substantial number of small entities.

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE 

NOTICES

■ Accordingly, we are adopting as a final 

rule, without change, the interim rule 

that amended 7 CFR part 301 and that 

was published at 69 FR 31722–31723 on 

June 7, 2004.

Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, 

2.80, and 371.3.

Section 301.75–15 also issued under Sec. 

204, Title II, Pub. L. 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note).

Done in Washington, DC, this 28th day of 

September 2004. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 04–22221 Filed 10–1–04; 8:45 am] 

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 1206 

[Doc. No. FV–02–707–FR] 

RIN 0581–AC05 

Mango Promotion, Research, and 

Information Order

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: This rule establishes the 

Mango Promotion, Research, and 

Information Order (Order) under the 

Commodity Promotion, Research, and 

Information Act of 1996. Under the 

Order, first handlers and importers of 

500,000 or more pounds of mangos will 

pay an initial assessment of 1⁄2 cent per 

pound on domestic and imported 

mangos to the National Mango 

Promotion Board (Board). The Board 

will be appointed by the Secretary of 

Agriculture (Secretary) to conduct a 

generic program of research and 

promotion, industry information, and 

consumer information needed for the 

maintenance, expansion, and 

development of domestic markets for 

fresh mangos.

DATES: Effective November 3, 2004. 

Collection and remittance of 

assessments and applicable reporting 

will begin January 3, 2005.

FOR FURTHER INFORMATION CONTACT:

Jeanette A. Palmer, Research and 

Promotion Branch, FV, AMS, USDA, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 2535–S, Washington, DC 

20250–0244, telephone (202) 720–9915, 

fax (202) 205–2800, e-mail 

Jeanette.Palmer@usda.gov.

SUPPLEMENTARY INFORMATION: This 

Order is issued under the Commodity 

Promotion, Research, and Information 

Act of 1996 (Act) (7 U.S.C. 7411–7425; 

Public Law 104–127; 110 Stat. 1029), or 

any amendments thereto. 

Prior Documents: Proposed rules on 

both the Order [67 FR 54908] and the 

referendum procedures [67 FR 54920] 

were published in the Federal Register

on August 26, 2002, each with a 60-day 

comment period. A final rule on the 

referendum procedures [68 FR 58552] 

Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 59121

and a second proposed rule on the 

Order [68 FR 58556] were published in 

the October 9, 2003, issue of the Federal 

Register. 

Question and Answer Overview 

Why Is the Final Rule Being Published? 

In a recent referendum, eligible first 

handlers and importers of fresh mangos 

voted in favor of implementing the 

Order. This final rule, which will 

become effective in 30 days, completes 

the rulemaking process. 

What Is the Purpose of the Program? 

The purpose of the program is to 

maintain, expand, and develop 

domestic markets for fresh mangos. 

Who Is Covered by This Order? 

Domestic first handlers and importers 

of 500,000 or more pounds of mangos 

per calendar year will pay assessments 

under the program. Domestic mangos 

that are exported will not be assessed 

under the Order. 

What Is the Assessment Rate? 

The assessment rate is 1⁄2 cent per 

pound on domestic and imported 

mangos. 

When Will Assessments Be Due? 

Collection and remittance of 

assessments and applicable reporting 

will begin 90 days after publication in 

the Federal Register. 

Will I Have To Pay the Assessment 

Forever? 

Assessments will be due as long as 

the Order is in effect. However, every 

five years, USDA will conduct a 

referendum to determine whether first 

handlers and importers of fresh mangos 

want the program to continue. The 

program will continue if a majority of 

the voters in the referendum vote for 

approval. 

Who Will Administer This Order? 

The National Mango Board will 

administer this Order under the 

supervision of USDA. The Board 

members will be appointed by the 

Secretary from nominations received 

from the mango industry. 

Who Will Sit on the Board? 

The Order provides that there will be 

a 20-member Board consisting of eight 

U.S. importers, one U.S. first handler, 

two U.S. producers, seven foreign 

producers, and two non-voting U.S. 

wholesalers and/or retailers of mangos. 

The chairperson shall reside in the 

United States. 

How Will Members of the Board Be 

Selected? 

USDA will handle the nomination 

process for the initial Board. The U.S. 

importers, first handlers, and producers 

will be nominated by U.S. importers, 

first handlers, and producers, 

respectively. Foreign producers will be 

nominated by foreign producer 

associations. After the initial Board is 

seated, the U.S. wholesalers and/or 

retailers will be nominated by the 

Board. Two names must be submitted 

for each position. From the names 

submitted, the Secretary will appoint 

the members.

Executive Order 12866 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Executive Order 12988 

This final 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 

preempt any other Federal or state law 

authorizing promotion or research 

relating to an agricultural commodity. 

Under section 519 of the Act, a person 

subject to the Order may file a petition 

with USDA 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, 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 entry of USDA’s final ruling. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), the Agency examined the impact 

of the final rule on small entities and 

prepared a final regulatory flexibility 

analysis that was included in the 

proposed rule published in the Federal 

Register on October 9, 2003. This 

analysis indicates that the Agency 

minimized the economic impacts of the 

Order provisions on small entities to the 

fullest extent reasonably possible while 

adhering to the program’s objectives. 

Paperwork Reduction Act 

The Order provisions were carefully 

reviewed, and every effort was made to 

minimize any unnecessary information 

collection and recordkeeping costs or 

requirements. In accordance with OMB 

regulations [5 CFR part 1320], which 

implement the Paperwork Reduction 

Act of 1995 (44 U.S.C. Chapter 35), the 

information collection and 

recordkeeping requirements that are 

imposed by this Order were submitted 

to OMB for review and approved under 

OMB control numbers 0581–0209 and 

0505–0001. Upon reevaluation of the 

response time for the ballot and 

nomination forms, it was determined 

that the response time could be reduced 

from 30 minutes to 15 minutes. Also, 

the burden for the form AD–755 was 

inadvertently calculated as a part of this 

collection. Its burden is covered under 

0505–0001. These two adjustments 

resulted in an overall decrease of 15 

burden hours between the proposed rule 

and the final rule. 

Copies of the final regulatory 

flexibility analysis and the discussion of 

the information collection and 

recordkeeping requirements contained 

in this rulemaking can be obtained from 

Jeanette Palmer at the address listed 

above or by e-mail at 

Jeanette.Palmer@usda.gov. 

Background 

On June 29, 2001, the Fresh Produce 

Association of the Americas 

(Association) submitted a proposal for a 

national promotion, research, and 

information order for fresh mangos to 

the Department, pursuant to the Act to: 

(1) develop and finance an effective and 

coordinated program of research, 

promotion, industry information, and 

consumer information regarding 

mangos; (2) strengthen the position of 

the mango industry in U.S. markets; and 

(3) maintain, develop, and expand 

domestic markets for mangos. The 

Association submitted changes to their 

proposal on November 1, 2001 and the 

Department published the modified 

proposed rules on both the Order [67 FR 

54908] and the referendum procedures 

[67 FR 54920] in the Federal Register on 

August 26, 2002, each with a 60-day 

comment period. Twenty-two comments 

from 21 persons or organizations were 

received by the deadline. Nineteen of 

the 22 comments were in support of the 

proposed program while three were 

opposed. These comments and related 

59122 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

changes to the Order were discussed in 

the October 9, 2003, issue of the Federal 

Register in the proposed rule on the 

Order [68 FR 58556] and the final rule 

on the referendum procedures [68 FR 

58552]. 

First handlers and importers of 

mangos voted to implement the program 

in a referendum held November 10 

through November 28, 2003. Under the 

Order, first handlers and importers of 

500,000 or more pounds of mangos per 

calendar year will pay an initial 

assessment of 1⁄2 cent per pound on 

domestic and imported mangos to the 

National Mango Promotion Board 

(Board). This will generate about $2.5 

million to administer the program: 

about 8 percent from domestic 

production and 92 percent from 

imports. (Exports of U.S. mangos are 

exempt from assessments.) The Board 

will use the funds to pay for the 

aforementioned program development 

areas as well as administration, 

maintenance, functioning of the Board, 

and expenses incurred by USDA in 

implementing and administrating the 

Order, including referendum costs.

The program will be administered by 

the Board under USDA supervision. The 

Board will be composed of 20-members; 

eight U.S. importers, one U.S. first 

handler, two U.S. producers, seven 

foreign producers, and two non-voting 

wholesalers and/or retailers. If domestic 

production increases, additional U.S. 

first handlers will be added to the 

Board. 

The Order is summarized as follows: 

Sections 1206.1 through 1206.24 of 

the Order define certain terms, such as 

mango, first handler and importer, 

which are used in the Order. 

Sections 1206.30 through 1206.37 

include provisions relating to the 

establishment, adjustment, and 

membership; nominations; 

appointments; term of office; vacancies; 

procedures; compensation; 

reimbursement; and powers, duties, and 

prohibited activities of the Board. The 

Board is the governing body authorized 

to administer the Order through the 

implementation of programs, plans, 

projects, budgets, and contracts to 

promote and disseminate information 

about mangos, subject to oversight of the 

Department. 

Sections 1206.40 through 1206.43 

cover budget review and approval; 

financial statements; authorize the 

collection of assessments; specify how 

assessments are used; specify who pays 

the assessment and how; exemptions; 

and authorize the imposition of a latepayment charge on past-due 

assessments. 

The initial assessment rate shall be 1⁄2

cent per pound for domestic mangos 

and imported mangos. The assessment 

rate will be reviewed and may be 

modified with the approval of the 

Department, after the initial 

continuance referendum which will be 

conducted after the program has been in 

operation 5 years. The assessment rate 

may be changed without a referendum. 

Persons failing to remit total 

assessments due in a timely manner 

may also be subject to actions under 

federal debt collection procedures as set 

forth in 7 CFR 3.1 through 3.36 for all 

research and promotion programs 

administered by USDA [60 FR 12533, 

March 7, 1995]. 

Sections 1206.50 through 1206.52 

address programs, plans, and projects; 

require the Board to periodically 

conduct an independent review of its 

overall program; and address patents, 

copyrights, trademarks, information, 

publications, and product formulations 

developed through the use of 

assessment funds. 

Sections 1206.60 through 1206.62 

concern reporting and recordkeeping 

requirements for persons subject to the 

Order and protect the confidentiality of 

information from such books, records, 

or reports. 

Sections 1206.70 through 1206.78 

describe the rights of the Secretary; 

address referenda; authorize the 

Secretary to suspend or terminate the 

Order when deemed appropriate; 

prescribe proceedings after suspension 

or termination; and address personal 

liability, separability, amendments, and 

the OMB control numbers. 

Finally, §§ 1206.14 and 1206.42(b) 

have been slightly modified for clarity. 

General Findings 

The Department conducted a 

referendum among eligible first 

handlers and importers of mangos from 

November 10, 2003 through November 

28, 2003, to determine whether the 

Order would become effective. First 

handlers and importers who handled or 

imported 500,000 pounds or more of 

fresh mangos, respectively, from January 

1 through December 31, 2002, were 

eligible to vote. It is determined that a 

majority of the eligible first handlers 

and importers voting in the referendum 

favored implementation of the Order. 

After consideration of all relevant 

materials presented, including the 

proposal, comments received, and the 

referendum results, it is found that the 

Order is consistent with and effectuates 

the policy and purpose of the Act. 

The effective date of this action will 

be 30 days after publication in the 

Federal Register.

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Mangos, Marketing 

agreements, Promotion, Reporting and 

recordkeeping requirements.

■ For the reasons set forth in the 

preamble, Title 7, Chapter XI of the Code 

of Federal Regulations is amended as 

follows:

PART 1206—MANGO PROMOTION, 

RESEARCH, AND INFORMATION

■ 1. The authority citation for part 1206 

continues to read as follows:

Authority: 7 U.S.C. 7411–7425.

■ 2. Subpart A is added to part 1206 to 

read as follows:

Subpart A—Mango Promotion, Research, 

and Information Order Definitions 

Sec. 

1206.1 Act. 

1206.2 Board. 

1206.3 Conflict of interest. 

1206.4 Customs. 

1206.5 Department. 

1206.6 First handler. 

1206.7 Fiscal period. 

1206.8 Foreign producer. 

1206.9 Importer. 

1206.10 Information. 

1206.11 Mangos. 

1206.12 Market or marketing. 

1206.13 Order. 

1206.14 Part. 

1206.15 Person. 

1206.16 Producer. 

1206.17 Promotion. 

1206.18 Research. 

1206.19 Retailer. 

1206.20 Secretary. 

1206.21 Suspend. 

1206.22 Terminate. 

1206.23 United States. 

1206.24 Wholesaler. 

National Mango Promotion Board 

1206.30 Establishment and membership. 

1206.31 Nominations and appointments. 

1206.32 Term of office. 

1206.33 Vacancies. 

1206.34 Procedure. 

1206.35 Compensation and reimbursement. 

1206.36 Powers and duties. 

1206.37 Prohibited activities. 

Expenses and Assessments 

1206.40 Budget and expenses. 

1206.41 Financial statements. 

1206.42 Assessments. 

1206.43 Exemptions. 

Promotion, Research, and Information 

1206.50 Programs, plans, and projects. 

1206.51 Independent evaluation. 

1206.52 Patents, copyrights, trademarks, 

information, publications, and product 

formulations. 

Reports, Books, and Records 

1206.60 Reports. 

Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 59123

1206.61 Books and records. 

1206.62 Confidential treatment. 

Miscellaneous 

1206.70 Right of the Secretary. 

1206.71 Referenda. 

1206.72 Suspension and termination. 

1206.73 Proceedings after termination. 

1206.74 Effect of termination or 

amendment. 

1206.75 Personal liability. 

1206.76 Separability. 

1206.77 Amendments. 

1206.78 OMB control number.

Subpart A—Mango Promotion, 

Research, and Information Order 

Definitions

§ 1206.1 Act. 

Act means the Commodity Promotion, 

Research, and Information Act of 1996 

(7 U.S.C. 7411–7425; Public Law 104–

127; 110 Stat. 1029), or any amendments 

thereto.

§ 1206.2 Board. 

Board or National Mango Promotion 

Board means the administrative body 

established pursuant to § 1206.30, or 

such other name as recommended by 

the Board and approved by the 

Department.

§ 1206.3 Conflict of interest. 

Conflict of interest means a situation 

in which a member or employee of the 

Board has a direct or indirect financial 

interest in a person who performs a 

service for, or enters into a contract 

with, the Board for anything of 

economic value.

§ 1206.4 Customs. 

Customs means the Customs and 

Border Protection of the U.S. 

Department of Homeland Security.

§ 1206.5 Department. 

Department means the U.S. 

Department of Agriculture or any officer 

or employee of the Department to whom 

authority has heretofore been delegated, 

or to whom authority may hereafter be 

delegated, to act in the Secretary’s stead.

§ 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 

producer’s own production.

§ 1206.7 Fiscal period. 

Fiscal period means a calendar year 

from January 1 through December 31, or 

such other period as recommended by 

the Board and approved by the 

Department.

§ 1206.8 Foreign producer. 

Foreign producer means any person: 

(1) Who is engaged in the production 

and sale of mangos outside of the 

United States and who owns, or shares 

the ownership and risk of loss of the 

crop for sale in the U.S. market or 

(2) Who is engaged, outside of the 

United States, in the business of 

producing, or causing to be produced, 

mangos beyond the person’s own family 

use and having value at first point of 

sale.

§ 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.

§ 1206.10 Information. 

Information means information and 

programs that are designed to develop 

new markets, marketing strategies, 

increase market efficiency, and 

activities that are designed to enhance 

the image of mangos in the United 

States. These include: 

(a) Consumer information, which 

means any action taken to provide 

information to, and broaden the 

understanding of, the general public 

regarding the consumption, use, 

nutritional attributes, and care of 

mangos; and 

(b) Industry information, which 

means information and programs that 

will lead to the development of new 

markets, new marketing strategies, or 

increased efficiency for the mango 

industry, and activities to enhance the 

image of the mango industry.

§ 1206.11 Mangos. 

Mangos means all fresh fruit of 

Mangifera indica L. of the family 

Anacardiaceae.

§ 1206.12 Market or marketing. 

Marketing means the sale or other 

disposition of mangos in the U.S. 

domestic market. To market means to 

sell or otherwise dispose of mangos in 

interstate or intrastate channels of 

commerce.

§ 1206.13 Order. 

Order means an order issued by the 

Department under section 514 of the Act 

that provides for a program of generic 

promotion, research, and information 

regarding agricultural commodities 

authorized under the Act.

§ 1206.14 Part. 

Part means part 1206 which includes 

the Mango Promotion, Research, and 

Information Order and all rules, 

regulations, and supplemental orders 

issued pursuant to the Act and the 

Order.

§ 1206.15 Person. 

Person means any individual, group 

of individuals, partnership, corporation, 

association, cooperative, or any other 

legal entity.

§ 1206.16 Producer. 

Producer means any person who is 

engaged in the production and sale of 

mangos in the United States and who 

owns, or shares the ownership and risk 

of loss of, the crop or a person who is 

engaged in the business of producing, or 

causing to be produced, mangos beyond 

the person’s own family use and having 

value at first point of sale.

§ 1206.17 Promotion. 

Promotion means any action taken to 

present a favorable image of mangos to 

the general public and the food industry 

for the purpose of improving the 

competitive position of mangos and 

stimulating the sale of mangos in the 

United States. This includes paid 

advertising and public relations.

§ 1206.18 Research. 

Research means any type of test, 

study, or analysis designed to advance 

the image, desirability, use, 

marketability, production, product 

development, or quality of mangos, 

including research relating to 

nutritional value, cost of production, 

new product development, varietal 

development, nutritional value and 

benefits, and marketing of mangos.

§ 1206.19 Retailer. 

Retailer means a person engaged in 

the business of selling mangos only to 

consumers.

§ 1206.20 Secretary.

Secretary means the Secretary of 

Agriculture of the United States.

§ 1206.21 Suspend. 

Suspend means to issue a rule under 

section 553 of title 5, U.S.C., to 

temporarily prevent the operation of an 

order or part thereof during a particular 

period of time specified in the rule.

59124 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

§ 1206.22 Terminate. 

Terminate means to issue a rule under 

section 553 of title 5, U.S.C., to cancel 

permanently the operation of an order 

or part thereof beginning on a certain 

date specified in the rule.

§ 1206.23 United States. 

United States or U.S. means 

collectively the 50 states, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States.

§ 1206.24 Wholesaler. 

Wholesaler means any person engaged 

in the purchase, assembly, 

transportation, storage, and distribution 

of mangos for sale to other wholesalers, 

retailers, and foodservice firms. 

National Mango Promotion Board

§ 1206.30 Establishment and membership. 

(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, seven foreign 

producers, and two non-voting 

wholesalers and/or retailers of mangos 

in the United States. The chairperson 

shall reside in the United States and the 

Board office shall also be located in the 

United States. 

(b) Importer districts. The importer 

seats shall be allocated based on the 

volume of mangos imported into the 

Customs Districts identified by their 

name and Code Number as defined in 

the Harmonized Tariff Schedule of the 

United States. The initial allocation will 

be two seats for District I, three seats for 

District II, two seats for District III, and 

one seat for District IV. 

(1) District I includes the Customs 

Districts of Portland, ME (01), St. 

Albans, VT (02), Boston, MA (04), 

Providence, RI (05), Ogdensburg, NY 

(07), Buffalo, NY (09), New York City, 

NY (10), Philadelphia, PA (11), 

Baltimore, MD (13), Norfolk, VA (14), 

Charlotte, NC (15), Charleston, SC (16), 

Savannah, GA (17), Tampa, FL (18), San 

Juan, PR (49), Virgin Islands of the 

United States (51), Miami, FL (52) and 

Washington, DC (54). 

(2) District II includes the Customs 

Districts of Mobile, AL (19), New 

Orleans, LA (20), Port Arthur, TX (21), 

Laredo, TX (23), Minneapolis, MN (35), 

Duluth, MN (36), Milwaukee, WI (37), 

Detroit, MI (38), Chicago, IL (39), 

Cleveland, OH (41), St. Louis, MO (45), 

Houston, TX (53), and Dallas-Fort 

Worth, TX (55). 

(3) District III includes the Customs 

Districts of El Paso, TX (24), Nogales, 

AZ (26), Great Falls, MT (33), and 

Pembina, ND (34). 

(4) District IV includes the Customs 

Districts of San Diego, CA (25), Los 

Angeles, CA (27), San Francisco, CA 

(28), Columbia-Snake, OR (29), Seattle, 

WA (30), Anchorage, AK (31), and 

Honolulu, HI (32). 

(c) Adjustment of membership. At 

least once every five years, the Board 

will review the geographical 

distribution of production of mangos in 

the United States, the geographical 

distribution of the importation of 

mangos into the United States, the 

quantity of mangos produced in the 

United States, and the quantity of 

mangos imported into the United States. 

The review will be based on Board 

assessment records and statistics from 

the Department. If warranted, the Board 

will recommend to the Department that 

membership on the Board be altered to 

reflect any changes in geographical 

distribution of domestic mango 

production and importation and the 

quantity of domestic production and 

imports. To ensure equitable 

representation, additional first handlers 

may be added to the Board to reflect 

increases in domestic production.

§ 1206.31 Nominations and appointments. 

(a) Voting for first handler, importer, 

and domestic producer members will be 

made by mail ballot. 

(b) There shall be two nominees for 

each position on the Board. 

(c) Nominations for the initial Board 

will be handled by the Department. 

Subsequent nominations will be 

handled by the Board’s staff. 

(d) Nominees to fill the first handler 

member position on the Board shall be 

solicited from all known first handlers. 

The nominees shall be placed on a 

ballot which will be sent to all first 

handlers for a vote. The nominee 

receiving the highest number of votes 

and the nominee receiving the second 

highest number of votes shall be 

submitted to the Department as the first 

handlers’ first and second choice 

nominees. 

(e) Nominees to fill the importer 

positions on the Board shall be solicited 

from all known importers of mangos. 

The members from each district shall 

select the nominees for two positions on 

the Board. Two nominees shall be 

submitted for each position. The 

nominees shall be placed on a ballot 

which will be sent to importers in the 

districts for a vote. For each position, 

the nominee receiving the highest 

number of votes and the nominee 

receiving the second highest number of 

votes shall be submitted to the 

Department as the importers’ first and 

second choice nominees.

(f) Nominees to fill the domestic 

producer member positions on the 

Board shall be solicited from all known 

domestic producers. The nominees shall 

be placed on a ballot which will be sent 

to all domestic producers for a vote. The 

nominee receiving the highest number 

of votes and the nominee receiving the 

second highest number of votes shall be 

submitted to the Department as the 

producers’ first and second choice 

nominees. 

(g) Nominees to fill the foreign 

producer member positions on the 

Board shall be solicited from 

organizations of foreign mango 

producers. Each organization shall 

submit two nominees for each position, 

and the nominees shall be 

representative of the major countries 

exporting mangos to the United States. 

(h) The Board will nominate the 

wholesaler and/or retailer members. 

(i) From the nominations, the 

Secretary shall select the members of 

the Board.

§ 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. The term 

of office for wholesaler/retailer members 

shall be one year, and these members 

may serve a maximum of three 

consecutive one-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.

§ 1206.33 Vacancies. 

(a) In the event that any member of 

the Board ceases to be a member of the 

category of members from which the 

member was appointed to the Board, 

such position shall automatically 

become vacant. 

(b) If a member of the Board 

consistently refuses to perform the 

duties of a Board member, or if a 

member of the Board engages in acts of 

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dishonesty or willful misconduct, the 

Board may recommend to the 

Department that the member be 

removed from office. If the Department 

finds the recommendation of the Board 

shows adequate cause, the Department 

shall remove such member from office. 

(c) Should any member position 

become vacant, successors for the 

unexpired term of the member shall be 

appointed in the manner specified in 

§ 1206.31, except that nomination and 

replacement shall not be required if the 

unexpired term is less than six months.

§ 1206.34 Procedure. 

(a) At a Board meeting, it will be 

considered a quorum when at least ten 

voting members are present. 

(b) At the start of each fiscal period, 

the Board will select a chairperson and 

vice chairperson who will conduct 

meetings throughout that period. 

(c) All Board members will be notified 

at least 30 days in advance of all Board 

and committee meetings unless an 

emergency meeting is declared. 

(d) Each voting member of the Board 

will be entitled to one vote on any 

matter put to the Board, and the motion 

will carry if supported by one vote more 

than 50 percent of the total votes 

represented by the Board members 

present. 

(e) It will be considered a quorum at 

a committee meeting when at least one 

more than half of those assigned to the 

committee are present. Committees may 

consist of individuals other than Board 

members, and such individuals may 

vote in committee meetings. Committee 

members shall serve without 

compensation but shall be reimbursed 

for reasonable travel expenses, as 

approved by the Board. 

(f) In lieu of voting at a properly 

convened meeting and, when in the 

opinion of the chairperson of the Board 

such action is considered necessary, the 

Board may take action if supported by 

one vote more than 50 percent of the 

members by mail, telephone, electronic 

mail, facsimile, or any other means of 

communication. In that event, all 

members must be notified and provided 

the opportunity to vote. Any action so 

taken shall have the same force and 

effect as though such action had been 

taken at a properly convened meeting of 

the Board. All telephone votes shall be 

confirmed promptly in writing. All 

votes shall be recorded in Board 

minutes. 

(g) There shall be no voting by proxy. 

(h) The chairperson shall be a voting 

member and shall reside in the U.S. 

(i) The organization of the Board and 

the procedures for conducting meetings 

of the Board shall be in accordance with 

its bylaws, which shall be established 

by the Board and approved by the 

Department.

§ 1206.35 Compensation and 

reimbursement. 

The members of the Board shall serve 

without compensation but shall be 

reimbursed for reasonable travel 

expenses, as approved by the Board, 

incurred by them in the performance of 

their duties as Board members.

§ 1206.36 Powers and duties. 

The Board shall have the following 

powers and duties: 

(a) To administer the Order in 

accordance with its terms and 

conditions and to collect assessments; 

(b) To develop and recommend to the 

Department for approval such bylaws as 

may be necessary for the functioning of 

the Board, and such rules as may be 

necessary to administer the Order, 

including activities authorized to be 

carried out under the Order; 

(c) To meet, organize, and select from 

among the members of the Board a 

chairperson, other officers, committees, 

and subcommittees, as the Board 

determines appropriate; 

(d) To employ persons, other than the 

members, as the Board considers 

necessary to assist the Board in carrying 

out its duties and to determine the 

compensation and specify the duties of 

such persons; 

(e) To develop programs, plans, and 

projects, and enter into contracts or 

agreements, which must be approved by 

the Department before becoming 

effective, for the development and 

carrying out of programs or projects of 

research, information, or promotion, 

and the payment of costs thereof with 

funds collected pursuant to this subpart. 

Each contract or agreement shall 

provide that: any person who enters into 

a contract or agreement with the Board 

shall develop and submit to the Board 

a proposed activity; keep accurate 

records of all of its transactions relating 

to the contract or agreement; account for 

funds received and expended in 

connection with the contract or 

agreement; make periodic reports to the 

Board of activities conducted under the 

contract or agreement; and, make such 

other reports available as the Board or 

the Department considers relevant. 

Furthermore, any contract or agreement 

shall provide that: 

(1) The contractor or agreeing party 

shall develop and submit to the Board 

a program, plan, or project together with 

a budget or budgets that shall show the 

estimated cost to be incurred for such 

program, plan, or project; 

(2) The contractor or agreeing party 

shall keep accurate records of all its 

transactions and make periodic reports 

to the Board of activities conducted, 

submit accounting for funds received 

and expended, and make such other 

reports as the Department or the Board 

may require; 

(3) The Department may audit the 

records of the contracting or agreeing 

party periodically; and 

(4) Any subcontractor who enters into 

a contract with a Board contractor and 

who receives or otherwise uses funds 

allocated by the Board shall be subject 

to the same provisions as the contractor. 

(f) To prepare and submit for approval 

of the Department calendar year budgets 

in accordance with § 1206.40; 

(g) To maintain such records and 

books and prepare and submit such 

reports and records from time to time to 

the Department as the Department may 

prescribe; to make appropriate 

accounting with respect to the receipt 

and disbursement of all funds entrusted 

to it; and to keep records that accurately 

reflect the actions and transactions of 

the Board; 

(h) To cause its books to be audited 

by a competent auditor at the end of 

each calendar year and at such other 

times as the Department may request, 

and to submit a report of the audit 

directly to the Department; 

(i) To give the Department the same 

notice of Board and committee meetings 

as is given to members in order that the 

Department’s representative(s) may 

attend such meetings. 

(j) To act as intermediary between the 

Department and any first handler or 

importer; 

(k) To furnish to the Department any 

information or records that the 

Department may request; 

(l) To receive, investigate, and report 

to the Department complaints of 

violations of the Order; 

(m) To recommend to the Department 

such amendments to the Order as the 

Board considers appropriate; and 

(n) To work to achieve an effective, 

continuous, and coordinated program of 

promotion, research, consumer 

information, evaluation, and industry 

information designed to strengthen the 

mango industry’s position in the U.S. 

domestic market; maintain and expand 

existing markets and uses for mangos; 

and to carry out programs, plans, and 

projects designed to provide maximum 

benefits to the mango industry.

§ 1206.37 Prohibited activities. 

The Board may not engage in, and 

shall prohibit the employees and agents 

of the Board from engaging in: 

(a) Any action that is a conflict of 

interest; and 

(b) Using funds collected by the Board 

under the Order to undertake any action 

59126 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

for the purpose of influencing 

legislation or governmental action or 

policy, by local, state, national, and 

foreign governments, other than 

recommending to the Department 

amendments to the Order. 

Expenses and Assessments

§ 1206.40 Budget and expenses. 

(a) At least 60 days prior to the 

beginning of each calendar year, and as 

may be necessary thereafter, the Board 

shall prepare and submit to the 

Department a budget for the calendar 

year covering its anticipated expenses 

and disbursements in administering this 

subpart. Each such budget shall include:

(1) A statement of objectives and 

strategy for each program, plan, or 

project; 

(2) A summary of anticipated revenue, 

with comparative data or at least one 

preceding year (except for the initial 

budget); 

(3) A summary of proposed 

expenditures for each program, plan, or 

project; and 

(4) Staff and administrative expense 

breakdowns, with comparative data for 

at least one preceding year (except for 

the initial budget). 

(b) Each budget shall provide 

adequate funds to defray its proposed 

expenditures and to provide for a 

reserve as set forth in this subpart. 

(c) Subject to this section, any 

amendment or addition to an approved 

budget must be approved by the 

Department, including shifting funds 

from one program, plan, or project to 

another. Shifts of funds which do not 

cause an increase in the Board’s 

approved budget and which are 

consistent with governing bylaws need 

not have prior approval by the 

Department. 

(d) The Board is authorized to incur 

such expenses, including provision for 

a reserve, as the Department finds 

reasonable and likely to be incurred by 

the Board for its maintenance and 

functioning, and to enable it to exercise 

its powers and perform its duties in 

accordance with the provisions of this 

subpart. Such expenses shall be paid 

from funds received by the Board. 

(e) With approval of the Department, 

the Board may borrow money for the 

payment of administrative expenses, 

subject to the same fiscal, budget, and 

audit controls as other funds of the 

Board. Any funds borrowed by the 

Board shall be expended only for 

startup costs and capital outlays and are 

limited to the first year of operation of 

the Board. 

(f) The Board may accept voluntary 

contributions, but these shall only be 

used to pay expenses incurred in the 

conduct of programs, plans, and 

projects. Voluntary contributions shall 

be free from any encumbrance by the 

donor, and the Board shall retain 

complete control of their use. 

(g) The Board shall reimburse the 

Department for all expenses incurred by 

the Department in the implementation, 

administration, and supervision of the 

Order, including all referendum costs in 

connection with the Order. 

(h) The Board may not expend for 

administration, maintenance, and 

functioning of the Board in any calendar 

year an amount that exceeds 15 percent 

of the assessments and other income 

received by the Board for that calendar 

year. Reimbursements to the 

Department required under paragraph 

(g) of this section, are excluded from 

this limitation on spending. 

(i) The Board may establish an 

operating monetary reserve and may 

carry over to subsequent fiscal periods 

excess funds in any reserve so 

established: Provided that the funds in 

the reserve do not exceed one fiscal 

period’s budget. Subject to approval by 

the Department, such reserve funds may 

be used to defray any expenses 

authorized under this part.

§ 1206.41 Financial statements. 

(a) As requested by the Department, 

the Board shall prepare and submit 

financial statements to the Department 

on a periodic basis. Each such financial 

statement shall include, but not be 

limited to, a balance sheet, income 

statement, and expense budget. The 

expense budget shall show expenditures 

during the time period covered by the 

report, year-to-date expenditures, and 

the unexpended budget. 

(b) Each financial statement shall be 

submitted to the Department within 30 

days after the end of the time period to 

which it applies. 

(c) The Board shall submit annually to 

the Department an annual financial 

statement within 90 days after the end 

of the calendar year to which it applies.

§ 1206.42 Assessments. 

(a) The funds to cover the Board’s 

expenses shall be paid from assessments 

on first handlers and importers, 

donations from any person not subject 

to assessments under this Order, and 

other funds available to the Board and 

subject to the limitations contained 

therein. 

(b) The assessment rate shall be 1⁄2

cent per pound on all mangos. The 

assessment rate will be reviewed and 

may be modified by the Board with the 

approval of the Department, after the 

first referendum is conducted as stated 

in § 1206.71(b). The Department will 

amend this section if the assessment 

rate is modified. 

(c) Domestic mangos. First handlers of 

domestic mangos are required to pay 

assessments on all mangos handled for 

the U.S. market. This includes mangos 

of the first handler’s own production. 

(d) Imported mangos. Each importer 

of mangos shall pay an assessment to 

the Board through Customs on mangos 

imported for marketing in the United 

States. 

(1) The assessment rate for imported 

mangos shall be the same or equivalent 

to the rate for mangos produced in the 

United States. 

(2) The import assessment shall be 

uniformly applied to imported mangos 

that are identified by the numbers 

0804.50.4040 and 0804.50.6040 in the 

Harmonized Tariff Schedule of the 

United States. 

(3) The assessments due on imported 

mangos shall be paid when they enter 

or are withdrawn for consumption in 

the United States.

(e) Each person responsible for 

remitting assessments under paragraph 

(c) of this section shall remit the 

amounts due to the Board’s office on a 

monthly basis no later than the fifteenth 

day of the month following the month 

in which the mangos were marketed, in 

such manner as prescribed by the Board. 

(f) A late payment charge shall be 

imposed on any person failing to remit 

to the Board the total amount for which 

the person is liable by the payment due 

date established under this section. The 

amount of the late payment charge shall 

be prescribed by the Department. 

(g) An additional charge shall be 

imposed on any person subject to a late 

payment charge in the form of interest 

on the outstanding portion of any 

amount for which the person is liable. 

The rate of interest shall be prescribed 

by the Department. 

(h) Persons failing to remit total 

assessments due in a timely manner 

may also be subject to actions under 

federal debt collection procedures. 

(i) The Board may authorize other 

organizations to collect assessments on 

its behalf with the approval of the 

Department.

§ 1206.43 Exemptions. 

(a) Any first handler or importer of 

less than 500,000 pounds of mangos per 

calendar year may claim an exemption 

from the assessments required under 

§ 1206.42. Mangos produced 

domestically and exported from the 

United States may annually claim an 

exemption from the assessments 

required under § 1206.42. 

Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 59127

(b) A first handler or importer 

desiring an exemption shall apply to the 

Board, on a form provided by the Board, 

for a certificate of exemption. A first 

handler shall certify that the first 

handler will handle less than 500,000 

pounds of domestic mangos for the 

fiscal period for which the exemption is 

claimed. An importer shall certify that 

the importer will import less than 

500,000 pounds of mangos during the 

fiscal period for which the exemption is 

claimed. 

(c) Upon receipt of an application, the 

Board shall determine whether an 

exemption may be granted. The Board 

then will issue, if deemed appropriate, 

a certificate of exemption to each person 

who is eligible to receive one. It is the 

responsibility of these persons to retain 

a copy of the certificate of exemption. 

(d) Importers who receive a certificate 

of exemption shall be eligible for 

reimbursement of assessments collected 

by Customs. These importers shall 

apply to the Board for reimbursement of 

any assessments paid. No interest will 

be paid on the assessments collected by 

Customs. Requests for reimbursement 

shall be submitted to the Board within 

90 days of the last day of the calendar 

year the mangos were actually imported. 

(e) Any person who desires an 

exemption from assessments for a 

subsequent calendar year shall reapply 

to the Board, on a form provided by the 

Board, for a certificate of exemption. 

(f) The Board may require persons 

receiving an exemption from 

assessments to provide to the Board 

reports on the disposition of exempt 

mangos and, in the case of importers, 

proof of payment of assessments. 

Promotion, Research, and Information

§ 1206.50 Programs, plans, and projects. 

(a) The Board shall receive and 

evaluate, or on its own initiative 

develop, and submit to the Department 

for approval any program, plan, or 

project authorized under this subpart. 

Such programs, plans, or projects shall 

provide for: 

(1) The establishment, issuance, 

effectuation, and administration of 

appropriate programs for promotion, 

research, and information, including 

producer and consumer information, 

with respect to mangos; and 

(2) The establishment and conduct of 

research with respect to: the use, 

nutritional value and benefits, sale, 

distribution, and marketing of mangos 

in the United States; the creation of new 

products thereof, to the end that the 

marketing and use of mangos in the 

United States may be encouraged, 

expanded, improved, or made more 

acceptable; and to advance the image, 

desirability, or quality of mangos in the 

United States. 

(b) No program, plan, or project shall 

be implemented prior to its approval by 

the Department. Once a program, plan, 

or project is so approved, the Board 

shall take appropriate steps to 

implement it. 

(c) Each program, plan, or project 

implemented under this subpart shall be 

reviewed or evaluated periodically by 

the Board to ensure that it contributes 

to an effective program of promotion, 

research, or information. If it is found by 

the Board that any such program, plan, 

or project does not contribute to an 

effective program of promotion, 

research, or information, then the Board 

shall terminate such program, plan, or 

project. 

(d) No program, plan, or project 

including advertising shall be false or 

misleading or disparaging to another 

agricultural commodity. Mangos of all 

origins shall be treated equally.

§ 1206.51 Independent evaluation. 

The Board shall, not less often than 

every five years, authorize and fund, 

from funds otherwise available to the 

Board, an independent evaluation of the 

effectiveness of the Order and other 

programs conducted by the Board 

pursuant to the Act. The Board shall 

submit to the Department, and make 

available to the public, the results of 

each periodic independent evaluation 

conducted under this paragraph.

§ 1206.52 Patents, copyrights, trademarks, 

information, publications, and product 

formulations. 

Patents, copyrights, trademarks, 

information, publications, and product 

formulations developed through the use 

of funds received by the Board under 

this subpart shall be the property of the 

U.S. Government, as represented by the 

Board, and shall, along with any rents, 

royalties, residual payments, or other 

income from the rental, sales, leasing, 

franchising, or other uses of such 

patents, copyrights, trademarks, 

information, publications, or product 

formulations, inure to the benefit of the 

Board; shall be considered income 

subject to the same fiscal, budget, and 

audit controls as other funds of the 

Board; and may be licensed subject to 

approval by the Department Upon 

termination of this subpart, § 1206.73 

shall apply to determine disposition of 

all such property. 

Reports, Books, and Records

§ 1206.60 Reports. 

(a) Each first handler will be required 

to provide to the Board periodically 

such information as may be required by 

the Board, with the approval of the 

Department, which may include but not 

be limited to the following: 

(1) Number of pounds of domestic 

mangos handled; 

(2) Number of pounds of domestic 

mangos on which an assessment was 

paid; 

(3) Name and address of the 

producers from whom the first handler 

has received mangos; 

(4) Date that assessment payments 

were made on each pound of domestic 

mangos handled;

(5) Number of pounds of domestic 

mangos exported; 

(6) The first handler’s tax 

identification number; 

(b) Each importer may be required to 

provide to the Board periodically such 

information as may be required by the 

Board, with the approval of the 

Department, which may include but not 

be limited to the following: 

(1) Number of pounds of mangos 

imported; 

(2) Number of pounds of mangos on 

which an assessment was paid; 

(3) Name, address, and tax 

identification number of the importer; 

and 

(4) Date that assessment payments 

were made on each pound imported.

§ 1206.61 Books and records. 

Each first handler and importer shall 

maintain and make available for 

inspection by the Department such 

books and records as are necessary to 

carry out the provisions of this part, any 

regulations issued under this part, 

including such records as are necessary 

to verify any reports required. Such 

records shall be retained for at least two 

years beyond the fiscal period of their 

applicability.

§ 1206.62 Confidential treatment. 

All information obtained from books, 

records, or reports under the Act and 

this part shall be kept confidential by all 

persons, including all employees and 

former employees of the Board, all 

officers and employees and former 

officers and employees of contracting 

and subcontracting agencies or agreeing 

parties having access to such 

information. Such information shall not 

be available to Board members, first 

handlers, or importers. Only those 

persons having a specific need for such 

information to effectively administer the 

provisions of this subpart shall have 

access to such information. Only such 

information so obtained as the Secretary 

deems relevant shall be disclosed by 

them, and then only in a judicial 

proceeding or administrative hearing 

59128 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

brought at the direction, or on the 

request, of the Secretary, or to which the 

Secretary or any officer of the United 

States is a party, and involving this 

subpart. Nothing in this section shall be 

deemed to prohibit: 

(a) The issuance of general statements 

based upon the reports of the number of 

persons subject to this subpart or 

statistical data collected therefrom, 

which statements do not identify the 

information furnished by any person; 

and 

(b) The publication, by direction of 

the Secretary, of the name of any person 

who has been adjudged to have violated 

this part, together with a statement of 

the particular provisions of this part 

violated by such person. 

Miscellaneous

§ 1206.70 Right of the Secretary. 

All fiscal matters, programs, plans, or 

projects, rules or regulations, reports, or 

other substantive actions proposed and 

prepared by the Board shall be 

submitted to the Secretary for approval.

§ 1206.71 Referenda. 

(a) Initial Referendum. The Order 

shall not become effective unless: 

(1) The Department determines that 

the Order is consistent with and will 

effectuate the purposes of the Act; and 

(2) The Order is approved by a 

majority of the first handlers and 

importers voting, who, during a 

representative period determined by the 

Department, have been engaged in the 

handling or importation of mangos. 

(b) Subsequent referenda. Every five 

years, the Department shall hold a 

referendum to determine whether first 

handlers and importers of mangos favor 

the continuation of the Order. The 

Order shall continue if it is favored by 

a majority of the first handlers and 

importers voting who, during a 

representative period determined by the 

Department, have been engaged in the 

handling or importation of mangos. The 

Department will also conduct a 

referendum if 10 percent or more of all 

non-exempt, first handlers and 

importers of mangos request the 

Department to hold a referendum. In 

addition, the Department may hold a 

referendum at any time.

§ 1206.72 Suspension and termination. 

(a) The Department shall suspend or 

terminate this part or subpart or a 

provision thereof if the Department 

finds that the subpart or a provision 

thereof obstructs or does not tend to 

effectuate the purposes of the Act, or if 

the Department determines that this 

subpart or a provision thereof is not 

favored by persons voting in a 

referendum conducted pursuant to the 

Act. 

(b) The Department shall suspend or 

terminate this subpart at the end of the 

marketing year whenever the 

Department determines that its 

suspension or termination is approved 

or favored by a majority of the first 

handlers and importers voting who, 

during a representative period 

determined by the Department, have 

been engaged in the handling or 

importation of mangos. 

(c) If, as a result of a referendum the 

Department determines that this subpart 

is not approved, the Department shall: 

(1) Not later than 180 days after 

making the determination, suspend or 

terminate, as the case may be, collection 

of assessments under this subpart; and

(2) As soon as practical, suspend or 

terminate, as the case may be, activities 

under this subpart in an orderly 

manner.

§ 1206.73 Proceedings after termination. 

(a) Upon the termination of this 

subpart, the Board shall recommend not 

more than five of its members to the 

Department to serve as trustees for the 

purpose of liquidating the affairs of the 

Board. Such persons, upon designation 

by the Department, shall become 

trustees of all of the funds and property 

then in the possession or under control 

of the Board, including claims for any 

funds unpaid or property not delivered, 

or any other claim existing at the time 

of such termination. 

(b) The said trustees shall: 

(1) Continue in such capacity until 

discharged by the Department; 

(2) Carry out the obligations of the 

Board under any contracts or 

agreements entered into pursuant to the 

Order; 

(3) From time to time, account for all 

receipts and disbursements and deliver 

all property on hand, together with all 

books and records of the Board and the 

trustees, to such person or persons as 

the Department may direct; and 

(4) Upon request of the Department, 

execute such assignments or other 

instruments necessary and appropriate 

to vest in such persons title and right to 

all funds, property and claims vested in 

the Board or the trustees pursuant to the 

Order. 

(c) Any person to whom funds, 

property or claims have been transferred 

or delivered pursuant to the Order shall 

be subject to the same obligations 

imposed upon the Board and upon the 

trustees. 

(d) Any residual funds not required to 

defray the necessary expenses of 

liquidation shall be turned over to the 

Department to be disposed of, to the 

extent practical, to one or more mango 

industry organizations in the interest of 

continuing mango promotion, research, 

and information programs.

§ 1206.74 Effect of termination or 

amendment. 

Unless otherwise expressly provided 

by the Department, the termination or 

amendment of this part or any subpart 

thereof, shall not: 

(a) Affect or waive any right, duty, 

obligation or liability which shall have 

arisen or which may thereafter arise in 

connection with any provision of this 

part; or 

(b) Release or extinguish any violation 

of this part; or 

(c) Affect or impair any rights or 

remedies of the United States, or of the 

Department, or of any other persons 

with respect to any such violation.

§ 1206.75 Personal liability. 

No member or employee of the Board 

shall be held personally responsible, 

either individually or jointly with 

others, in any way whatsoever, to any 

person for errors in judgment, mistakes, 

or other acts, either of commission or 

omission, as such member or employee, 

except for acts of dishonesty or willful 

misconduct.

§ 1206.76 Separability. 

If any provision of this subpart is 

declared invalid or the applicability 

thereof to any person or circumstances 

is held invalid, the validity of the 

remainder of this subpart or the 

applicability thereof to other persons or 

circumstances shall not be affected 

thereby.

§ 1206.77 Amendments. 

Amendments to this subpart may be 

proposed from time to time by the Board 

or by any interested person affected by 

the provisions of the Act, including the 

Department.

§ 1206.78 OMB control number. 

The control numbers assigned to the 

information collection requirements of 

this part by the Office of Management 

and Budget pursuant to the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

chapter 35, are OMB control number 

0505–0001 and OMB control number 

0581–0209.

Dated: September 22, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–21622 Filed 10–1–04; 8:45 am] 

BILLING CODE 3410–02–P