11094 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

§§ 946.143 and 946.248 [Stayed] 

■ 2. Stay §§ 946.143 and 946.248 

indefinitely. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2021–03528 Filed 2–23–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1206 

[Document No. AMS–SC–20–0086] 

Mango Promotion, Research and 

Information Order; Removal of Frozen 

Mangos 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule amends the Mango 

Promotion, Research and Information 

Order (Order) by removing the 

provisions of frozen mangos as a 

covered commodity. The Order is 

administered by the National Mango 

Board (Board) with oversight by the U.S. 

Department of Agriculture (USDA). In a 

referendum, first handlers and 

importers voted to remove frozen 

mangos as a covered commodity under 

the Order. This rule will remove frozen 

mangos as a covered commodity, 

discontinue the collection of 

assessments on frozen mangos, remove 

frozen mango entity representation on 

the Board, and make necessary 

conforming changes. 

DATES:

Effective date: February 25, 2021. 

Assessment collection on frozen mangos 

will discontinue on the effective date of 

this rule. 

Comments due: Comments which are 

received by April 26, 2021 will be 

considered prior to issuance of any final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. All comments 

must be submitted through the Federal 

e-rulemaking portal at: http://

www.regulations.gov and should 

reference the document number and the 

date and page number of this issue of 

the Federal Register. All comments 

submitted in response to this rule will 

be included in the rulemaking record 

and will be made available to the 

public. Please be advised that the 

identity of individuals or entities 

submitting comments will be made 

public on the internet at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Betts, Marketing Specialist, 

Promotion and Economics Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, Room 

1406–S, Stop 0244, Washington, DC 

20250–0244; telephone: (202) 720–5057; 

or email: Marlene.Betts@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

affecting 7 CFR part 1206 (the Order) is 

authorized under the Commodity 

Promotion, Research, and Information 

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

7425). 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. 

Executive Order 13175 

This rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation will not have substantial 

and direct effects on Tribal governments 

and will not have significant Tribal 

implications. 

Executive Order 12988 

In addition, this rule has been 

reviewed under Executive Order 12988, 

Civil Justice Reform. It is not intended 

to have a retroactive effect. Section 524 

of the 1996 Act (7 U.S.C. 7423) provides 

that it shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under section 519 of the 1996 Act (7 

U.S.C. 7418), a person subject to an 

order issued under the Act may file a 

written petition with USDA stating that 

the order, any provision of the order, or 

any obligation imposed in connection 

with the order, is not established in 

accordance with the law, and request a 

modification of the order or an 

exemption from the order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The Act provides 

that the district court of the United 

States for any district in which the 

petitioner resides or conducts business 

shall have jurisdiction to review a final 

ruling on the petition, if the petitioner 

files a complaint for that purpose not 

later than 20 days after the date of the 

entry of USDA’s final ruling. 

Background 

The Mango Promotion, Research, and 

Information Order (Order) took effect in 

November 2004 (69 FR 59120), and 

assessment collection began in January 

2005 for fresh mangos. The Order is 

administered by the National Mango 

Board (Board) with oversight by the U.S. 

Department of Agriculture. Currently, 

the program is funded by assessments 

on first handlers and importers of fresh 

and frozen mangos, and is focused on 

maintaining and expanding existing 

markets and uses for fresh and frozen 

mangos through its research, promotion 

and information efforts. 

Frozen mangos as a covered 

commodity was added to the Order on 

February 21, 2019 (84 FR 5335), and a 

referendum was held in 2019 to 

determine whether the industry favored 

the inclusion of frozen mangos as a 

covered commodity under the Order. In 

the 2019 referendum, 52.5 percent of 

first handlers and importers of fresh and 

frozen mangos were in favor of the 

amendment to add frozen mangos to the 

Order. Since the vote passed by a small 

margin, the frozen mango industry 

asked the Board to conduct another 

referendum on whether frozen mangos 

should continue as a covered 

commodity under the Order. 

The Order prescribes that every five 

years, the USDA conduct a referendum 

to determine if first handlers and 

importers of mangos favor the 

continuation of the Order. Such a 

referendum was required to be 

conducted in 2020. At the Board’s 

September 2019 meeting, it was 

unanimously recommended to the 

USDA to add a second question to the 

continuance referendum ballot 

concerning frozen mangos as a covered 

commodity. USDA conducted a 

referendum from September 21 through 

October 9, 2020, among eligible first 

handlers and importers to (1) ascertain 

whether the continuance of the Order is 


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1https://www.cbp.gov/trade/automated. 

favored by eligible first handlers and 

importers covered under the Order, and 

(2) ascertain whether the continuance of 

frozen mangos as a covered commodity 

in the Order is favored by eligible first 

handlers and importers (including 

frozen mango importers) covered under 

the Order. The results were announced 

on October 20, 2020, stating that 60 

percent of mango first handlers and 

importers voting were in favor of 

continuing the Order. On the question 

as to whether to continue frozen mangos 

as a covered commodity in the Order, 42 

percent voted to keep frozen mangos in 

the Order, 49 percent voted to eliminate 

frozen mangos and 9 percent did not 

vote on this question. Of those 

representing frozen mangos, 83 percent 

voted to eliminate frozen mangos as a 

covered commodity. 

Section 522 of the 1996 Act (7 U.S.C. 

7421) and § 1206.72 of the Order (7 CFR 

1206.72) provide that if the Secretary 

determines that provisions of the Order 

are not favored by persons voting in a 

referendum, the Secretary shall 

terminate those provisions. In 

accordance with the 1996 Act and 

Order, this rule removes the provisions 

of frozen mangos as a covered 

commodity under the Order including: 

Removing definitions for frozen mangos 

and foreign processor of frozen mangos; 

reducing the Board’s 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 $0.01 per 

pound and thereby eliminating 

assessments on frozen mango imports; 

and removing the exemption of 

assessment for importers who import 

less than 200,000 pounds of frozen 

mangos annually. In addition, this rule 

makes clarifying and conforming 

changes to other provisions of the 

Order. 

Order Provisions 

In accordance with § 1206.72, the 

following changes are necessary to 

terminate and remove the provisions 

regarding frozen mangos from the Order. 

In addition, §§ 1206.6 and 1206.9 which 

define the terms ‘‘first handler’’ and 

‘‘importer,’’ respectively, are revised to 

add the reference that first handlers and 

importers, respectively, must receive or 

import 500,000 or more pounds of 

mangos; this volume is added for the 

purpose of clarity. 

Section 1206.8, which defines the 

term ‘‘foreign producers and foreign 

processor of frozen mangos or foreign 

processor’’, is revised to remove the 

definitions of ‘‘foreign processor of 

frozen mangos or foreign processor’’ 

because they are no longer covered 

under the Order. The definition for 

‘‘foreign producer’’ will remain. 

The definition of ‘‘mangos’’ in 

§ 1206.11 is revised to mean all fresh 

fruit of Mangifera indica L. of the family 

Anacardiaceae. The term ‘‘frozen 

mangos’’ is removed as it is no longer 

a covered commodity. 

Section 1206.30, which establishes 

the Board’s membership, is revised to 

reduce its size from 21 to 18 members 

due to the removal of three members; 

i.e., two importers of frozen mangos and 

one foreign processor. The three 

members are removed from the Board 

once this rule is effective. The 

remaining 18-member Board will be 

comprised of 8 importers, 1 first 

handler, 2 domestic producers, and 7 

foreign producers. In addition, 

eligibility requirements for Board 

members from the frozen mango 

industry are removed, and only those 

eligibility requirements for the first 

handler and fresh mango importers 

remain. Lastly, the four ‘‘Importer 

Districts’’ that were unintentionally 

removed from the CFR when this 

section was amended, are restored to 

section 1206.30 as paragraphs (b)(1)–(4). 

Section 1206.31, which describes the 

procedures for nominating and 

appointing Board members to the Board, 

is 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, is revised to 

remove the references to importers of 

frozen mangos and foreign processors. 

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 is revised to specify that a 

quorum at a Board meeting exists when 

at least 10 of the 18 Board members are 

present. 

Section 1206.42 specifies the 

assessment rate for fresh mangos and 

frozen mangos. Paragraph (b) is revised 

to remove the provisions assessing 

importers of frozen mangos one cent 

($0.01) per pound, and paragraph (d)(2), 

which includes the Harmonized Tariff 

Schedule (HTS) of the United States that 

applies to imported frozen mangos 

(number 0811.90.5200), is removed from 

the Order. Assessments on frozen 

mango importers shall be terminated. 

The termination of assessment 

collection on frozen mango importers 

will be effective one day after 

publication of this rule. 

In § 1206.43, paragraphs (a) and (b) 

are revised to remove references to 

frozen mango exemptions as frozen 

mangos are no longer a covered 

commodity. 

Subpart B of part 1206 specifies 

procedures for conducting a 

referendum. In § 1206.101, paragraphs 

(c), (d), and (e) are 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, this rule updates the OMB 

control number specified in § 1206.108 

from 0581–0209 to 0581–0093. 

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 AMS’s 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 


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handlers and importers to (1) ascertain 

whether the continuance of the Order is 

favored by eligible first handlers and 

importers covered under the Order, and 

(2) ascertain whether the continuance of 

frozen mangos as a covered commodity 

in the Order is favored by eligible first 

handlers and importers (including 

frozen mango importers) covered under 

the Order. The results were announced 

on October 20, 2020, stating that 60 

percent of mango first handlers and 

importers voting were in favor of 

continuing the Order. On the question 

as to whether to continue frozen mangos 

as a covered commodity in the Order, 42 

percent voted to keep frozen mangos in 

the Order, 49 percent voted to eliminate 

frozen mangos, and 9 percent did not 

vote on this question. Of those 

representing frozen mangos, 83 percent 

voted to eliminate frozen mangos as a 

covered commodity. 

This rule removes references to frozen 

mangos as a covered commodity under 

the Order including: Removing 

definitions for frozen mangos and 

foreign processor of frozen mangos; 

reducing the Board’s 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 0581–0093. 

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. 0581–0314 will 

be submitted to OMB for withdrawal as 

these forms and information collection 

regarding frozen mangos are no longer 

needed. 

The information collection package 

(0581–0314) 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. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has determined that several 

provisions of the Order (7 CFR part 

1206) are not favored by persons voting 

in a referendum conducted pursuant to 

the Act. USDA has determined that this 

rule is consistent with and will 

effectuate the purposes of the 1996 Act. 

Pursuant to 5 U.S.C. 553, it is also found 

and determined upon good cause that it 

is impracticable, unnecessary, and 

contrary to the public interest to give 

preliminary notice prior to putting this 

rule into effect, and good cause exists 

for not postponing the effective date of 

this rule until 30 days after publication 

in the Federal Register because: (1) This 

action removes provisions referencing 

frozen mangos as a covered commodity 

under the Order, thereby relieving 

importers and foreign processors of 

frozen mangos from the burden to remit 

assessments and to complete 

information collection requirements; (2) 

the termination of frozen mangos as a 

commodity covered by the Order was 

favored by 49 percent of mango first 

handlers and importers voting in the 

referendum; (3) of those representing 

frozen mangos, 83 percent voted to 

eliminate frozen mangos as a covered 

commodity under the Order; and (4) this 

interim rule provides a 60-day comment 

period, and all comments timely 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mango promotion, Reporting and 

recording requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1206 is amended 

as follows: 

PART 1206—MANGO RESEARCH, 

PROMOTION, 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. 

■ 2. Revise § 1206.6 to read as follows: 

§ 1206.6 First handler. 

First handler means any person 

(excluding a common or contract 

carrier) receiving 500,000 or more 

pounds of mangos from producers in a 

calendar year and who as owner, agent, 

or otherwise ships or causes mangos to 

be shipped as specified in this Order. 

This definition includes those engaged 

in the business of buying, selling and/ 

or offering for sale; receiving; packing; 

grading; marketing; or distributing 

mangos in commercial quantities. The 

term first handler includes a producer 

who handles or markets mangos of the 

producer’s own production. 

■ 3. Revise § 1206.8 to read as follows: 

§ 1206.8 Foreign producer. 

Foreign producer means any person: 

(a) Who is engaged in the production 

and sales of mangos outside of the 

United States who owns, or shares the 

ownership and risk of loss of the crop 

for sale in the U.S. market; or 

(b) Who is engaged, outside of the 

United States, in the business of 

producing, or causing to be produced, 

mangos beyond the person’s own family 

use and having value at first point of 

sale. 

■ 4. Revise § 1206.9 to read as follows: 

§ 1206.9 Importer. 

Importer means any person importing 

500,000 or more pounds of mangos into 

the United States in a calendar year as 

a principal or as an agent, broker, or 

consignee of any person who produces 

or handles mangos outside of the United 

States for sale in the United States, and 

who is listed as the importer of record 

for such mangos. 

■ 5. Revise § 1206.11 to read as follows: 

§ 1206.11 Mangos. 

Mangos means all fresh fruit of 

Mangifera indica L. of the family 

Anacardiaceae. 

■ 6. In § 1206.30, revise paragraphs (a) 

and (b) to read as follows: 

§ 1206.30 Establishment and membership. 

(a) Establishment of the National 

Mango Board. There is hereby 

established a National Mango Board 

composed of eight importers; one first 

handler; two domestic producers; and 


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seven foreign producers. First handler 

Board members must receive 500,000 

pounds or more mangos annually from 

producers, and importer Board members 

must import 500,000 pounds or more 

mangos annually. The chairperson shall 

reside in the United States and the 

Board office shall also be located in the 

United States. 

(b) Importer districts. Board seats for 

importers of mangos 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. 

Two seats shall be allocated 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). 

* * * * * 

■ 7. Amend § 1206.31 by: 

■ a. revising paragraph (e), 

■ b. removing paragraphs ((h) through 

(j), and 

■ c. redesignating paragraph (k) as 

paragraph (h). 

The revision reads as follows: 

§ 1206.31 Nominations and appointments. 

* * * * * 

(e) Nominees to fill the mango 

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 mango 

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. 

* * * * * 

■ 8. 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. Members may serve 

a maximum of two consecutive threeyear terms. Each term of office will end 

on December 31, with new terms of 

office beginning on January 1. 

■ 9. In § 1206.34, revise paragraph (a) to 

read as follows: 

§ 1206.34 Procedure. 

(a) At a Board meeting, it will be 

considered a quorum when at least ten 

voting members are present. 

* * * * * 

■ 10. In § § 1206.42, revise paragraphs 

(b), (c), and (d) to read as follows: 

§ 1206.42 Assessments. 

* * * * * 

(b) Assessment rate. The assessment 

rate on mangos shall be three quarters 

of a cent ($0.0075) per pound (or 

$0.0165 per kg). The assessment rates 

will be reviewed periodically and may 

be modified by the Board with the 

approval of the Department. 

(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 import assessment shall be 

uniformly applied to imported mangos 

that are identified by the numbers in the 

0804.50.4045, 0804.50.4055, 

0804.50.6045, and 0804.50.6055 

Harmonized Tariff Schedule (HTS) of 

the United States and shall be the same 

or equivalent to the rate of mangos 

produced in the United States. 

(2) In the event that any HTS number 

subject to assessment is changed and 

such change is merely a replacement of 

a previous number and has no impact 

on the description of mangos, 

assessments will continue to be 

collected based on the new numbers. 

(3) The assessments due on imported 

mangos shall be paid when they enter 

or are withdrawn for consumption in 

the United States. 

* * * * * 

■ 11. In § 1206.43, revise paragraphs (a) 

and (b) to read as follows: 

§ 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. First handlers of mangos 

produced domestically and first 

handlers who export mangos from the 

United States may annually claim an 

exemption from the assessments 

required under § 1206.42. 

(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 must certify that it will receive 

less than 500,000 pounds of domestic 

mangos during the fiscal period for 

which the exemption is claimed. An 

importer must certify that it will import 

less than 500,000 pounds of mangos for 

the fiscal period for which the 

exemption is claimed. 

* * * * * 

■ 12. In § 1206.101, revise paragraphs 

(c), (d), and (e) to read as follows: 

§ 1206.101 Definitions. 

* * * * * 

(c) Eligible 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. 

(d) Eligible 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 that are identified in the 

Harmonized Tariff Schedule of the 

United States by the numbers 

0804.50.4045, 0804.50.4055, 

0804.50.6045, and 0804.50.6055 during 

the representative period. Importation 

occurs when mangos originating outside 

of the United States are released from 


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1 85 FR 34545 (June 6, 2020). 

2 12 CFR 745.8. 

3 84 FR 35022 (July 22, 2019). 

4 12 U.S.C. 1787(k)(1)(A), (6). 

5 12 U.S.C. 1787(k)(1)(B). 

6 12 U.S.C. 1787(k)(1)(C). 

7 12 CFR part 745. 

8 12 CFR 745.8. 

custody by the U.S. Customs and Border 

Protection and introduced into the 

stream of commerce in the United 

States. Included are persons who hold 

title to foreign-produced mangos 

immediately upon release by the U.S. 

Customs and Border Protection, as well 

as any persons who act on behalf of 

others, as agents or brokers, to secure 

the release of mangos from the U.S. 

Customs and Border Protection when 

such mangos are entered or withdrawn 

for consumption in the United States. 

(e) Mangos means all fresh fruit of 

Mangifera indica L. of the family 

Anacardiaceae. 

* * * * * 

■ 13. Revise § 1206.108 to read as 

follows: 

§ 1206.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35, is OMB control 

number 0581–0093. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2021–03403 Filed 2–23–21; 8:45 am] 

BILLING CODE 3410–02–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 745 

RIN 3133–AF11 

Joint Ownership Share Accounts 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: The NCUA Board (Board) is 

amending its share insurance regulation 

governing the requirements for a share 

account to be separately insured as a 

joint account by the National Credit 

Union Share Insurance Fund (NCUSIF). 

Specifically, the final rule provides an 

alternative method to satisfy the 

membership card or account signature 

card requirement necessary for 

insurance coverage (signature card 

requirement). Under the final rule, even 

if an insured credit union cannot 

produce membership cards or account 

signature cards signed by the joint 

accountholders, the signature card 

requirement can be satisfied by 

information contained in the account 

records of the insured credit union 

establishing co-ownership of the share 

account. For example, the signature card 

requirement can be satisfied by the 

credit union having issued a mechanism 

for accessing the account, such as a 

debit card, to each co-owner or evidence 

of usage of the joint share account by 

each co-owner. 

DATES: The final rule is effective March 

26, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Thomas I. Zells, Staff Attorney, Office of 

General Counsel, at 1775 Duke Street, 

Alexandria, VA 22314 or telephone: 

(703) 548–2478. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Final Rule 

III. Legal Authority 

IV. Discussion of Public Comments Received 

on the Proposed Rule 

V. Regulatory Procedures 

I. Introduction 

A. Background 

In May 2020, the Board approved a 

notice of proposed rulemaking 1

(proposal or proposed rule) that 

amended the NCUA’s share insurance 

regulation governing the requirements 

for a share account to be insured 

separately as a joint account. 2

Specifically, the proposal addressed the 

requirement for separate joint account 

insurance that each co-owner of a joint 

account has personally signed a 

membership card or account signature 

card. In the event a federally insured 

credit union (FICU) could not produce 

from its records such membership cards 

or account signature cards, the proposal 

explicitly permitted the use of other 

evidence contained in a FICU’s account 

records to satisfy the signature card 

requirement. 

The proposed amendment mirrors a 

change made by the Federal Deposit 

Insurance Corporation (FDIC) in 2019 

for federally insured depository 

institutions.3 In proposing the change, 

the Board intended to better facilitate 

the prompt payment of share insurance 

in the event of a FICU’s failure by 

explicitly providing alternative methods 

that the NCUA could use to determine 

the owners of joint accounts, consistent 

with the NCUA’s statutory authority. 

The Board emphasizes that this change 

was not proposed, and is not being 

finalized, in reaction to any observed 

current problem with respect to 

identifying qualifying joint accounts at 

credit unions and processing insurance 

payments timely. Rather, the Board 

issued the proposed rule because it is 

important to maintain parity between 

the nation’s two Federal deposit/share 

insurance programs and to provide 

credit union members with equal access 

to insurance coverage. The Board 

proposed these regulatory changes with 

the belief that they will promote further 

confidence in the credit union system 

and embody a forward-looking approach 

that will explicitly permit the use of 

new and innovative technologies and 

processes to meet the NCUA’s policy 

objectives. 

Under the Federal Credit Union Act 

(FCU Act), the NCUA is responsible for 

paying share insurance to any member, 

or to any person with funds lawfully 

held in a member account, in the event 

of a FICU’s failure up to the standard 

maximum share insurance amount 

(SMSIA), which is currently set at 

$250,000.4 The FCU Act states that the 

determination of the net amount of 

share insurance paid ‘‘shall be in 

accordance with such regulations as the 

Board may prescribe’’ and requires that, 

‘‘in determining the amount payable to 

any member, there shall be added 

together all accounts in the credit union 

maintained by that member for that 

member’s own benefit, either in the 

member’s own name or in the names of 

others.’’ 5 However, the FCU Act also 

specifically authorizes the Board to 

‘‘define, with such classifications and 

exceptions as it may prescribe, the 

extent of the share insurance coverage 

provided for member accounts, 

including member accounts in the name 

of a minor, in trust, or in joint 

tenancy.’’ 6

The NCUA has implemented these 

requirements by issuing regulations 

recognizing particular categories of 

accounts, such as single ownership 

accounts and joint ownership accounts.7

If an account meets the requirements for 

a particular category, the account is 

insured up to the $250,000 limit 

separately from shares held by the 

member in a different account category 

at the same FICU. For example, 

provided all requirements are met, 

shares in the single ownership category 

will be separately insured from shares 

in the joint ownership category held by 

the same member at the same FICU. 

Section 745.8 of the NCUA’s 

regulations governs insurance coverage 

for joint ownership accounts.8 Joint 

ownership accounts include share 

accounts held pursuant to various forms 

of co-ownership under state law. For 

example, joint tenants could each hold 

an equal, undivided interest in a share 


khammond on DSKJM1Z7X2PROD with RULES