[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67041-67042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26654]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1206

[Document Number AMS-FV-14-0047]


Mango Promotion, Research, and Information Order; Section 610 
Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This document summarizes the results of an Agricultural 
Marketing Service (AMS) review of the Mango Promotion, Research, and 
Information Order (Order) under criteria contained in section 610 of 
the Regulatory Flexibility Act (RFA). Based upon its review, AMS 
concluded that there is a continued need for the Order.

DATES: This confirmation is effective November 12, 2014.

ADDRESSES: Interested persons may obtain a copy of the review on the 
Internet at: http://www.regulations.gov or request a copy from the 
Promotion and Economics Division, Fruit and Vegetable Program, AMS, 
U.S. Department of Agriculture (USDA or Department), 1400 Independence 
Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; 
facsimile: (202) 205-2800 or electronic mail: 
<a href="/cdn-cgi/l/email-protection#db91bebab5beafafbef58bbab7b6bea99bbab6a8f5aea8bfbaf5bcb4ad"><span class="__cf_email__" data-cfemail="3c76595d5259484859126c5d5051594e7c5d514f12494f585d125b534a">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, 
Promotion and Economics Division, Fruit and Vegetable Program, AMS, 
USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, 
DC 20250-0244; telephone: (202) 720-9915; facsimile: (202) 205-2800; or 
electronic mail: <a href="/cdn-cgi/l/email-protection#3f755a5e515a4b4b5a116f5e53525a4d7f5e524c114a4c5b5e11585049"><span class="__cf_email__" data-cfemail="e8a28d89868d9c9c8dc6b88984858d9aa889859bc69d9b8c89c68f879e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Order (7 CFR part 1206) is authorized 
under the Commodity Promotion, Research, and Information Act of 1996 
(Act) (7 U.S.C. 7411-7425).
    The Order became effective on November 3, 2004. It is administered 
by the National Mango Board (Board) with oversight by the Department. 
The program is financed by an assessment of three-quarters of a cent 
per pound on first handlers and importers of 500,000 pounds or more of 
mangos annually. The Order specifies that first handlers are 
responsible for submitting assessments to the Board on a monthly basis 
and maintaining records necessary to verify their reporting. Importers 
are responsible for paying assessments on mangos imported for 
consumption in the United States through the U.S. Customs and Border 
Protection. The purpose of the Order is to carry out an effective, 
continuous, and coordinated program of promotion, research, and 
information designed to strengthen mangos' competitive position, and to 
maintain and expand the domestic market for mangos.
    The Board is composed of 18 members as follows: 8 importers; 2 
domestic producers; 1 first handler; and 7 foreign producers. 
Nominations for importer, domestic producer, and first handler members 
are solicited by importers, domestic producers, and first handlers, 
respectively. Nominations for foreign producer members are solicited 
from foreign producers and foreign producer associations. Members are 
appointed to the Board by the Secretary of Agriculture and serve a term 
of three years.
    There are approximately 190 importers and 5 first handlers of 
mangos subject to the provisions of the Order. The majority of 
importers, first handlers and producers may be classified as small 
entities.
    AMS published in the Federal Register on March 24, 2006, (71 FR 
14827) its plan to review certain regulations, including the mango 
program, under criteria contained in section 610 of the RFA (5 U.S.C. 
601-612). Because many AMS regulations impact small entities, AMS 
decided, as a matter of policy, to review certain regulations which, 
although they may not meet the threshold requirement under section 610 
of the RFA, warrant review.
    AMS published a notice of review and request for written comments 
in the Federal Register on June 20, 2014 (79 FR 35296). The comment 
period ended on August 19, 2014. Three comments were received in 
response to the notice and are discussed later in this document.
    The review was undertaken to determine whether the Order should be 
continued without change, amended, or rescinded (consistent with the 
objectives of the Act) to minimize the impacts on small entities. AMS 
considered the following factors: (1) The continued need for the Order; 
(2) the nature of complaints or comments received from the public 
concerning the Order; (3) the complexity of the Order; (4) the extent 
to which the Order overlaps, duplicates, or conflicts with other 
Federal rules, and, to the extent feasible, with State and local 
regulations; and (5) the length of time since the Order has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the Order.
    Continued Need for the Order. Based on its review, the Department 
has concluded that there is a continued need for the Order. Numerous 
benefits to the mango industry would likely not be achieved without the 
research and promotion collectively funded through the Order. The Board 
continues to conduct useful research projects on various aspects of 
mango production, processing, and nutritional impacts. Examples of 
recent studies include potential beneficial impacts of mango 
consumption on mitigating diseases such as diabetes, breast cancer and 
colon cancer.
    An impact study conducted in 2010 \1\ reviewed the Board's 
investment in developing a database for monitoring potential and actual 
mango consumers, and found that the data is quite useful for economic 
research and for other analytical purposes. The economic data was used 
for evaluating NMB program impacts on mango demand, and concluded that 
the impact was significant.
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    \1\ ``Evaluating the National Mango Board's Programs for Impact 
on U.S. Demand for Mangos,'' Ronald L. Ward.
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    The majority of mangos consumed in the United States are imported 
and the study reported that the value of U.S. mango imports grew from 
$169 million to $217 million during the period covered by the study, 
2005 through 2009. The growth in value was the result of both higher 
prices and greater volumes imported.
    Nature of Complaints and Comments. The three public comments 
received are discussed in the following paragraphs.

[[Page 67042]]

    Two commenters expressed support for the mango program. One 
commenter stated that the program has helped expand the market and 
presentation of fresh mangos in general. The commenter also opined that 
the program has helped improve stability in the marketplace. Another 
commenter stated that the Board provides a great service through 
education, marketing, and research to help increase the awareness and 
consumption of mangos.
    One commenter opposed the program and argued that taxpayer dollars 
should not be used to promote mangos. Research and promotion programs 
overseen by USDA are self-help programs and do not receive taxpayer 
funds. The mango program is funded by first handlers and importers of 
mangos.
    Complexity of the Order. The Order is not unduly complex. It 
provides authority for the Board to collect assessments from mango 
importers and first handlers to help maintain and expand the domestic 
market for mangos.
    Extent To Which the Order Overlaps, Duplicates, or Conflicts With 
Other Regulations. The Department has not identified regulations that 
duplicate, overlap, or conflict with the Order.
    Degree To Which Technology, Economic Conditions or Other Factors 
Have Changed. Regarding evaluations of the program or the degree to 
which technology, economic conditions, or other factors have changed in 
the area affected by the Order, section 512(a)(6) of the Act and 
section 1206.51 of the Order require the Board to evaluate the program 
and to comply with the independent evaluation provision of the Federal 
Agricultural Improvement and Reform Act of 1996 (FAIR) [7 USC 7401] 
every five years. The goal of these evaluations is to assure that the 
Order and the regulations implemented under it fit the needs of the 
industry and are consistent with the Act.
    The Board conducted an evaluation of the program under the FAIR Act 
in 2010 and the next five-year evaluation is due in 2015. The 
previously mentioned study conducted by Dr. Ward with the University of 
Florida was part of the 2010 evaluation. It used household panel data 
to develop econometric models for measuring the Board's impact on 
increasing mango demand. The models established that the Board has had 
a positive economic impact for the demand for mangos, mostly by 
attracting more buyers (increased market penetration), and to a lesser 
extent, by increasing the number of mango purchases per buyer. The 
study concluded that every $1 invested in Board activities adds an 
additional $7 in mango industry revenue. The volume of mango imports is 
expected to continue to increase in the future.
    Based upon its review, AMS has determined that the Order should be 
continued. AMS plans to continue working with the mango industry in 
maintaining an effective program.

    Dated: November 4, 2014.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2014-26654 Filed 11-10-14; 8:45 am]
BILLING CODE 3410-02-P


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