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Rules and Regulations Federal Register

36281 

Vol. 76, No. 120 

Wednesday, June 22, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1206 

[Doc. No. AMS–FV–10–0092] 

Mango Promotion, Research, and 

Information Order; Reapportionment 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule reduces the number 

of National Mango Board (Board) 

members from 20 to 18 to reflect the 

elimination of two non-voting 

wholesaler/retailer positions. In 

accordance with the Mango Promotion, 

Research, and Information Order 

(Order), which is authorized under the 

Commodity Promotion, Research, and 

Information Act of 1996 (Act), a review 

of the composition of the Board must be 

conducted every five years. The Board 

reviewed the production volumes and 

geographical distribution of domestic 

and imported mangos, and submitted 

this information to the U.S. Department 

of Agriculture with a recommendation 

that no changes be made to the number 

of importer, first handler, or producer 

seats on the Board. However, the Board 

recommended elimination of two nonvoting wholesaler/retailer positions that 

have not been filled since 2007. 

DATES: Effective Date: June 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Veronica Douglass, Marketing 

Specialist, Research and Promotion 

Branch, Fruit and Vegetable Programs, 

AMS, U.S. Department of Agriculture, 

Stop 0244, Room 0632–S, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0244; telephone: 

888–720–9917; fax: 202–205–2800; or 

e-mail: 

veronica.douglass@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Mango Promotion, 

Research, and Consumer Information 

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

Order is authorized by the Commodity 

Promotion, Research, and Information 

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

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have a 

retroactive effect. 

Section 524 of the Act provides that 

the Act shall not affect or preempt any 

other State or Federal law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under the Act, a person subject to an 

order may file a petition with the U.S. 

Department of Agriculture (Department) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law, 

and requesting a modification of an 

order or an exemption from an order. 

Any petition filed challenging an order, 

any provision of an order, or any 

obligation imposed in connection with 

an order, shall be filed within two years 

after the effective date of an order, 

provision, or obligation subject to 

challenge in the petition. The petitioner 

will have the opportunity for a hearing 

on the petition. Thereafter, the 

Department will issue a ruling on the 

petition. The Act provides that the 

district court of the United States for 

any district in which the petitioner 

resides or conducts business shall have 

the jurisdiction to review a final ruling 

on the petition, if the petitioner files a 

complaint for that purpose not later 

than 20 days after the date of the entry 

of the Department’s final ruling. 

Regulatory Flexibility Analysis and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), the Agricultural Marketing Service 

(AMS) has considered the economic 

impact of this rule on small entities that 

would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

action to scale on businesses subject to 

such action, so that small businesses 

will not be disproportionately 

burdened. 

The Small Business Administration 

defines small agricultural producers as 

those having annual receipts of no more 

than $750,000, and small agricultural 

service firms as those having annual 

receipts of no more than $7 million (13 

CFR part 121). First handlers, importers, 

wholesalers, and retailers would be 

considered agricultural service firms. 

Currently, fewer than five first handlers 

and 193 importers are subject to 

assessment under the Order. The 

majority of producers would be 

considered small businesses. The 

majority of these first handlers and 

importers would be considered small 

businesses, while wholesalers and 

retailers would not. 

First handlers and importers who 

market or import less than 500,000 

pounds of mangos annually are exempt 

from the assessment. Mangos that are 

exported out of the United States are 

also exempt from assessment. In 

addition, domestic producers, foreign 

producers, wholesalers, and retailers are 

not subject to assessment under the 

Order, but such individuals are eligible 

to serve on the Board along with 

importers and first handlers. 

Section 1206.30(c) of the Order 

requires that the Board review the 

volume and geographical distribution of 

mango production and imports at least 

once every five years. If warranted, the 

Board will recommend to the 

Department that membership on the 

Board be altered to reflect any changes 

in the volume and geographical 

distribution of mango production and 

imports. 

The Order currently provides for a 

Board of 20 members including eight 

importers, one first handler, two 

domestic producers, seven foreign 

producers, and two non-voting 

wholesalers and/or retailers. At its 

November 16, 2010 meeting, the Board 

reviewed the volume and geographic 

distribution of mango production and 

imports from 2006 through 2009. Based 

on data from U.S. Customs and Border 

Patrol, the volume of mango imports to 

the U.S. declined from 666,772,761 

pounds in 2006 to 627,271,605 pounds 

in 2009. The Board’s eight importer 

seats are allocated based on the volume 

of mangos imported into each of the 

four Districts defined in the Order. The 


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36282 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations 

current allocation is two seats for 

District I, three seats for District II, two 

seats for District III, and one seat for 

District IV. The percentage of the total 

mango import volume imported into 

District I remained at 25 percent from 

2006 to 2009. Imports into District II 

grew from 35 percent of the total in 

2006 to 41 percent in 2009. Imports into 

District III fell from 28 percent of the 

total in 2006 to 23 percent in 2009. 

Imports into District IV fell from 12 

percent of the total in 2006 to 11 percent 

in 2009. Much of the domestic mango 

production was adversely affected by 

hurricanes during the early 2000s. 

Accordingly, data provided by the 

Board shows that in 2006, no 

assessments were collected on domestic 

mangos, while in 2009 assessments 

were collected on 1,539,306 pounds of 

domestic mangos. After reviewing the 

data regarding mango imports and 

domestic production, the Board voted to 

recommend that no changes be made at 

this time to the number of importer, first 

handler, domestic producer, or foreign 

producer seats; or to the allocation of 

importer seats among the four districts. 

At the same meeting, the Board voted 

to request elimination of the wholesaler/ 

retailer positions from the Order. These 

positions were included so that the 

Board would include members with 

direct customer sales experience. The 

Board has made numerous attempts to 

nominate individuals to those positions; 

however, wholesalers and retailers are 

not interested in or do not have the time 

to serve on the Board. As a result, the 

two wholesaler/retailer positions have 

been vacant since 2008. These two 

positions do not represent assessment 

payers. If the wholesaler/retailer 

positions are eliminated, the Board 

would consist of a total of 18 members 

including eight importers, one first 

handler, two domestic producers, and 

seven foreign producers. 

Nominations and appointments to the 

Board are conducted pursuant to 

sections 1206.31 and 1206.33 of the 

Order. Appointments to the Board are 

made by the Secretary from a slate of 

nominated candidates. Pursuant to 

section 1206.31 of the Order, candidates 

for the importer, first handler, and 

domestic producer positions are 

nominated by their peers. Nominations 

for the foreign producer positions are 

solicited from foreign mango producer 

organizations. The Board nominates the 

wholesaler/retailer members. The Order 

requires that two nominees be 

submitted for each vacant position. 

In accordance with OMB regulation 

[5 CFR part 1320], which implements 

information collection requirements 

imposed by the Paperwork Reduction 

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

there are no new requirements 

contained in this rule. In fact, a decrease 

of 0.33 hours per year in the information 

collection burden for the mango 

program is expected. The information 

collection requirements have been 

previously approved by OMB under 

OMB control number 0581–0093. 

The Department has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Background 

The Order, which became effective 

November 3, 2004, is authorized under 

the Act and administered by the Board. 

The Order provides for a 20-member 

Board consisting of eight importers, one 

first handler, two domestic producers, 

seven foreign producers, and two nonvoting wholesalers and/or retailers. 

Under the Order, the Board 

administers a nationally coordinated 

program of promotion, research, and 

information designed to strengthen the 

position of mangos in the marketplace 

and to develop, maintain, and expand 

the demand for mangos in the United 

States. The program is financed by an 

assessment of 1⁄2 cent per pound on first 

handlers and importers who market or 

import 500,000 pounds or more of 

mangos annually. Under the Order, first 

handlers remit assessments directly to 

the Board, and assessments paid by 

importers are collected and remitted by 

U.S. Customs and Border Patrol. 

Pursuant to section 1206.30(c) of the 

Order, at least once in each five-year 

period, the Board shall review the 

volume and geographical distribution of 

mango production and imports and, if 

warranted, make a recommendation to 

the Secretary to alter the Board’s 

membership. On November 16, 2010, at 

its fall meeting, the Board voted to 

recommend that no changes be made to 

the importer, first handler, domestic 

producer, or foreign producer positions, 

but that the non-voting wholesaler/ 

retailer positions be eliminated. If the 

wholesaler/retailer positions are 

eliminated, the Board’s membership 

will be reduced from 20 to 18. 

Accordingly, this action will amend 

the Order by removing the definition of 

retailer in section 1206.19, the 

definition of wholesaler in section 

1206.24, and references to wholesalers 

and/or retailers in sections 1206.31 and 

1206.32. 

A proposed rule concerning this 

action was published in the Federal 

Register on March 14, 2011 [76 FR 

13530]. Copies of the proposed rule 

were made available on the Internet by 

the Department and the Office of the 

Federal Register. In addition, AMS 

published a press release announcing 

the comment period. The proposed rule 

provided a 30-day comment period, 

which ended April 13, 2011. Twelve 

comments were received by the 

deadline. 

Summary of Comments 

In response to the proposed rule, 

USDA received 12 comments regarding 

the proposed amendment of the Order 

to eliminate two non-voting wholesaler/ 

retailer positions on the Board. Of the 

12 comments received, nine supported 

the proposed amendment and three did 

not support the proposed amendment. 

A total of eight comments in support 

of the proposed amendment discussed 

the Board’s reasons for requesting 

elimination of the wholesaler/retailer 

positions. Seven of the comments cited 

the potential for conflict of interest 

created by participation of wholesalers 

and/or retailers in Board meetings 

where decisions could be influenced by 

their business interests with individual 

Board members. 

Five comments in favor of the 

proposed amendment mentioned the 

Board’s retention of retail account 

managers who gather input from the 

retail sector and help the Board to 

develop appropriate programs. These 

commenters stated that having a 

dedicated team of retail account 

managers is an effective means of 

communicating with wholesalers and 

retailers. 

Five comments expressed support for 

the elimination of the wholesaler/ 

retailer positions on the basis that input 

from wholesalers and/or retailers can be 

obtained as needed through their ad hoc 

participation on the Board’s committees. 

The Board’s bylaws permit the Board’s 

chairman to appoint committees that 

may include persons other than Board 

members. Subject to Board approval, 

committee chairmen are also permitted 

to appoint committee members who are 

not Board members. 

Four commenters supported 

elimination of the wholesaler/retailer 

positions, stating that past wholesaler/ 

retailer members struggled with the time 

and travel demands of Board 

membership and rarely attended Board 

meetings. 

Three comments in favor of the 

proposed amendment stated that the 

funds used to service the wholesaler/ 

retailer positions would be better spent 

on the Board’s promotional programs. 

One commenter agreed with the 

proposed rule without providing 

additional explanation. 

Two commenters expressed 

opposition to the notion that 


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Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations 36283 

representation on the Board is linked to 

the payment of assessments. The Order 

requires a review of the composition of 

the Board to be conducted every five 

years and states that the review is to be 

based on Board assessment records and 

statistics from USDA. The number of 

importer, first handler, and domestic 

producer seats, as well as the 

distribution of importer seats, is 

adjusted as needed based on the volume 

and geographic distribution of mango 

production and imports. In addition, the 

volume of imports for each country of 

origin is considered in appointments of 

foreign producer members. Because the 

volume handled or imported is linked to 

the value of assessments received by the 

Board, representation of importers, first 

handlers, domestic producers and 

foreign producers is necessarily linked 

to the payment of assessments. 

However, that is not the case for the 

wholesaler/retailer positions. 

Two commenters expressed 

opposition to the proposed elimination 

of the wholesaler/retailer positions on 

the grounds that wholesalers and/or 

retailers could provide valuable insight 

to the Board. As stated above, the 

Board’s bylaws permit the participation 

of non-members on the Board’s 

committees. Thus the Board is able to 

seek input from wholesalers and/or 

retailers as needed. 

One commenter expressed doubt that 

the Board has made sufficient efforts to 

secure nominees to fill the wholesaler/ 

retailer positions. As discussed in the 

proposed rule, the Board has made 

numerous attempts to nominate 

individuals to those positions; however, 

wholesalers and retailers are either not 

interested in or do not have the time to 

serve on the Board. 

One commenter recommended that 

wholesalers and/or retailers be given 

full voting rights on the Board. The 

question of whether or not wholesaler/ 

retailer members should be permitted to 

vote is not considered in this rule as it 

is not relevant given the Board’s 

inability to find wholesalers and/or 

retailers to serve on the Board. The same 

commenter also suggested that the 

Board consider adding consumer 

members. Currently, all Board meetings 

are open to the public, and any person 

has the opportunity to contact the Board 

at any time. As such, consumer 

participation in Board activities does 

not require amendment of the Order. 

One comment objecting to the 

regulation of mangos was outside the 

scope of this rule. 

The Department has considered all of 

the comments and is not making any 

changes to the proposed rule. 

After consideration of all relevant 

material presented, the Board’s 

recommendation, public comments and 

other information, it is hereby found 

that this rule, as published in the 

Federal Register [76 FR 13530] on 

March 14, 2011, is consistent with and 

will effectuate the purpose of the Act. 

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mango Promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1206 is amended 

as follows: 

PART 1206—MANGO PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 1. The authority citation for 7 CFR 

part 1206 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425 and 

7 U.S.C. 7401. 

■ 2. Remove and reserve § 1206.19. 

§ 1206.19 [Reserved] 

■ 3. Remove and reserve § 1206.24. 

§ 1206.24 [Reserved] 

■ 4. Amend § 1206.30 by revising 

paragraph (a) to read as follows: 

§ 1206.30 Establishment of the National 

Mango Promotion Board. 

(a) Establishment of the National 

Mango Promotion Board. There is 

hereby established a National Mango 

Promotion Board composed of eight 

importers, one first handler, two 

domestic producers, and seven foreign 

producers. The chairperson shall reside 

in the United States and the Board office 

shall also be located in the United 

States. 

* * * * * 

■ 5. Amend § 1206.31 by removing 

paragraph (h), and redesignating 

paragraph (i) as paragraph (h). 

■ 6. Revise § 1206.32 to read as follows: 

§ 1206.32 Term of office. 

The term of office for first handler, 

importer, domestic producer, and 

foreign producer members of the Board 

will be three years, and these members 

may serve a maximum of two 

consecutive three-year terms. When the 

Board is first established, the first 

handler, two importers, one domestic 

producer, and two foreign producers 

will be assigned initial terms of four 

years; three importers, one domestic 

producer, and two foreign producers 

will be assigned initial terms of three 

years; and three importers and three 

foreign producers will be assigned 

initial terms of two years. Thereafter, 

each of these positions will carry a full 

three-year term. Members serving initial 

terms of two or four years will be 

eligible to serve a second term of three 

years. Each term of office will end on 

December 31, with new terms of office 

beginning on January 1. 

Dated: June 16, 2011. 

Rayne Pegg, 

Administrator. 

[FR Doc. 2011–15630 Filed 6–21–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0259; Directorate 

Identifier 2010–NM–196–AD; Amendment 

39–16730; AD 2011–13–07] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Model FALCON 7X Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) 

that applies to the products listed above. 

This AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

Several occurrences of untimely radioaltimeter lock-up have been reported, where 

the failed radio-altimeter indicated a negative 

distance to the ground despite the aircraft 

was flying at medium or high altitude. 

A locked radio-altimeter #1 leads to 

untimely inhibition of warnings that could be 

displayed along with certain abnormal 

conditions while the avionic system switches 

into landing mode during altitude cruise. 

* * * * * 

[Untimely radio altimeter lock-up] may 

cause the crew to be unaware of possible 

system failures that could require urgent 

crew’s actions. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

27, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 


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