[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7408-7409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4501]



-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
7 CFR Part 979

[Docket No. FV96-979-1IFR]


Melons Grown in South Texas; Change in Cantaloup Container 
Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim final rule changes the container requirements for 
cantaloups grown in South Texas under Marketing Order No. 979. This 
rule increases the depth of cantaloup cartons from 10\3/8\ to 11 \3/8\ 
inches. The South Texas Melon Committee (committee), the agency that 
locally administers the marketing order for melons grown in South 
Texas, unanimously recommended this change. This change will allow 
handlers to use deeper cartons in shipping larger cantaloups. The use 
of deeper cartons is expected to result in less damage during packing 
and shipment and foster buyer confidence. This change should be in 
effect as soon as possible, to give handlers adequate time to order 
cartons, and manufacturers an opportunity to make them, for the 1996 
shipping season. This rule also corrects telephone area codes, and 
removes out-of-date handler assessment information.

DATES: Effective on February 28, 1996. Comments which are received by 
March 29, 1996, will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this action. Comments must be sent in triplicate to the 
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2523-S, 
P.O. Box 96456, Washington, DC 20090-6456, FAX 202-720-5698. All 
comments should reference the docket number and the date and page 
number of this issue of the Federal Register and will be made available 
for public inspection in the Office of the Docket Clerk during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, Marketing Order 
Administration Branch, F&V, AMS, USDA, 1313 E. Hackberry, McAllen, 
Texas 78501; telephone: 210-682-2833; FAX: 210-682-5942; or Mark 
Kreaggor, Marketing Specialist, Marketing Order Administration Branch, 
F&V, AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456; 
telephone: 202-720-2431; FAX: 202-720-5698.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order 
No. 979 (7 CFR part 979), regulating the handling of melons grown in 
South Texas, hereinafter referred to as the ``order.'' This order is 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C 601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This interim final rule has been reviewed under Executive Order 
12778, Civil Justice Reform. This rule is not intended to have 
retroactive effect. This interim final rule will not preempt any State 
or local laws, regulations, or policies, unless they present an 
irreconcilable conflict with this rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under 

[[Page 7409]]
section 608c(15)(A) of the Act, any handler subject to an order may 
file with the Secretary a petition stating that the order, any 
provision of the order, or any obligation imposed in connection with 
the order is not in accordance with law and request a modification of 
the order or to be exempted therefrom. A handler is afforded the 
opportunity for a hearing on the petition. After the hearing the 
Secretary would rule on the petition. The Act provides that the 
district court of the United States in any district in which the 
handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction in equity to review the Secretary's ruling 
on the petition, provided a bill in equity is filed not later than 20 
days after the date of the entry of the ruling.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Administrator of the Agricultural Marketing 
Service (AMS) has considered the economic impact of this action on 
small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are 27 handlers of South Texas melons who are subject to 
regulation under the marketing order and 30 producers in the production 
area. Small agricultural service firms, which include handlers, have 
been defined by the Small Business Administration (13 CFR 121.601) as 
those having annual receipts of less than $5,000,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $500,000. The majority of handlers and producers of South 
Texas melons may be classified as small entities.
    At a public meeting on December 12, 1995, the committee unanimously 
recommended, under the authority of Sec. 979.52 of the order, 
increasing the depth of cantaloup cartons. Currently, 
Sec. 979.304(b)(1) specifies that the depth of cantaloup cartons may be 
not more than 10 \3/8\ nor less than 9 \3/4\ inches. A tolerance of \1/
4\ inch is permitted. The committee recommended an one inch increase in 
depth to 11 \3/8\ inches.
    In recent years, buyers have requested increased supplies of larger 
cantaloups. Handlers have experienced difficulty in packing larger 
cantaloups without bruising because the current container depth does 
not allow sufficient room for the larger fruit and ice packed with the 
cantaloups to keep them cool. Also, without adequate carton space, 
proper stacking on pallets is more difficult and compression damage 
often occurs to the cantaloups when loading and shipping. Increasing 
the depth of cantaloup cartons by one inch to 11 \3/8\ inches will 
allow for proper stacking and delivery of cantaloups without bruising 
and other damage. This change is expected to foster buyer satisfaction 
and confidence. Handlers will not be prevented from using their current 
supply of smaller cartons if they desire.
    Section 979.304(c)(4) designates inspection stations in Alamo and 
Laredo, for handlers who do not have permanent packing facilities 
recognized by the committee. The telephone area codes specified for 
Alamo and Laredo are not correct. This rule amends Sec. 979.304(c)(4) 
to correct those area codes from (502) and (512), respectively, to 
(210).
    Section 979.304(c)(5) specifies that handlers shall pay assessments 
on all assessable melons according to the provisions of Sec. 979.42, at 
the rate of \3/4\ cent per carton. The \3/4\ cent per carton rate of 
assessment has not been in effect for a number of years. The current 
rate of assessment is 7 cents per carton. Also, because the assessment 
rate is established by the Department annually in a separate rulemaking 
document and handlers are informed of the rate by the committee through 
handler notices, the rate of assessment does not need to be referenced 
in these provisions. Therefore, the words ``at the rate of \3/4\ cent 
per carton'' in Sec. 979.304(c)(5) are removed.
    Based on the above, the Administrator of the AMS has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities.
    After consideration of the committee's recommendation and other 
relevant information presented, it is found that this interim final 
rule will tend to effectuate the declared policy of the 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 that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register because: (1) This rule relaxes carton requirements 
currently in effect; (2) the committee recommended this rule at a 
public meeting; (3) this change should be in effect as soon as 
possible, to give handlers adequate time to order cartons, and 
manufacturers an opportunity to make them; and (4) this rule provides a 
30-day comment period, and any comments received will be considered 
prior to finalization of this rule.

List of Subjects in 7 CFR Part 979

    Marketing agreements, Melons, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 979 is 
amended as follows:

PART 979--MELONS GROWN IN SOUTH TEXAS

    1. The authority citation for 7 CFR part 979 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Section 979.304 is amended by revising the first sentence in 
paragraph (b)(1), and paragraphs (c)(4), and (c)(5) to read as follows:


Sec. 979.304  Handling regulation.

* * * * *
    (b) Container requirements. (1) Except as provided in paragraphs 
(b)(4), (d) or (e) and (f) of this section all cantaloups shall be 
packed in fiberboard cartons with inside dimensions of not more than 17 
\1/4\ nor less than 16 \3/4\ inches in length, not more than 13 nor 
less than 12 \3/4\ inches in width, and not more than 11 \3/8\ nor less 
than 9 \3/4\ inches in depth. * * *
* * * * *
    (c) * * *
    (4) Designated inspection stations will be located at the Texas 
Federal Inspection Service office, 1301 W. Expressway, Alamo (Phone 
(210) 787-4091 or 6881) and the Matt Dietz Packing Co., 4700 N. Santa 
Maria, Laredo (Phone (210) 723-9178 or 9170), to be available for 
handlers who do not have permanent packing facilities recognized by the 
committee.
    (5) Handlers shall pay assessments on all assessable melons 
according to the provisions of Sec. 979.42.
* * * * *
    Dated: February 22, 1996.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-4501 Filed 2-27-96; 8:45 am]
BILLING CODE 3410-02-P