[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Rules and Regulations]
[Pages 20521-20522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11040]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-98-301]


Cantaloups; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule will revise the United States Standards for Grades 
of Cantaloups. The standards are issued under the Agricultural 
Marketing Act of 1946, and are voluntary. This rule will revise the 
definition of decay in the definitions section of the standards. The 
change will provide that dry type decays will not be scored against the 
decay tolerance unless penetrating the rind and extending into the 
edible flesh of the melon. The regulation of cantaloups under the 
Marketing Order for Melons Grown in South Texas that is issued under 
the Agricultural Marketing Agreement Act of 1937 also will be affected 
by this change. This revision will result in a benefit to handlers and 
producers of cantaloups by allowing a more accurate scoring of dry type 
decays.

DATES: This rule is effective April 28, 1998. Comments must be received 
by June 26, 1998.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent to the 
Standardization Section, Fresh Products Branch, Fruit and Vegetable 
Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, P.O. Box 96456, Room 2065 South Building, Washington, D.C. 
20090-6456. Comments should make reference to the date and page number 
of this issue of the Federal Register and will be made available for 
public inspection in the above office during regular business hours.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address 
or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The Department of Agriculture (Department) 
is issuing this rule in conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of the rule.
    The Agricultural Marketing Service (AMS) recently received a 
request from the Texas Produce Association (Association) to eliminate 
the definition of decay from the cantaloup standards in 7 CFR 51.490. 
The definition of decay in the present standards is as follows: ``Decay 
means breakdown, disintegration or fermentation of the flesh or rind of 
the cantaloup caused by bacteria or fungi.'' The current tolerances are 
one-half of one percent at shipping point for cantaloups affected by 
decay or mold and two percent en route or at destination for cantaloups 
affected by decay. Under Section 979.304 of the regulations (7 CFR 
979.304) issued under Marketing Order No. 979, shipping point 
tolerances are applied. The Association is particularly concerned with 
the decay tolerances as they relate to Fusarium Rot, which may occur 
either as a soft or dry type decay. Currently, the restrictive decay 
tolerances are applied to both types of Fusarium Rot.
    The Association contends that dry type decays, dry type Fusarium 
Rot specifically, affecting the rind of the melon when marketed under 
normal conditions, progress at a very slow rate and has not caused 
significant marketing problems. They do not suggest that dry type 
Fusarium Rot be ignored as it is recognized that, under certain 
circumstances, this disorder has the potential to become a significant 
marketing factor. However, in their opinion, this disorder, when found 
in the initial stages not penetrating into the edible flesh of the 
cantaloup, should not be covered under the same restrictive scoring 
guidelines as more destructive decays. This would permit shipments of 
additional marketable melons. Under the current definition of decay, a 
melon affected by Fusarium Rot is scored against the restrictive decay 
tolerance in all instances. The Association feels that scoring melons 
as decayed when Fusarium has not, and quite possibly may never affect 
the edible portion of the melon before it is consumed, is extremely 
harsh and accounts for unjustified rejections and adjustments.
    According to the Agricultural Research Service of the USDA, as long 
as the dry rot lesion does not penetrate into the orange flesh and the 
epidermis is not split, the melon should hold, provided it is 
maintained at the recommended temperature and consumed within about 14 
days.
    The 1997 crop of Texas cantaloups was heavily infected with dry 
type Fusarium Rot. A major portion of the crop, when graded in 
accordance with the standard, failed a basic grade requirement under 
the current definition of decay and caused significant economic losses 
to Texas growers and handlers as a result. The Department seeks to 
promote a more accurate procedure to grade cantaloups so that melons 
which are affected by dry type decays are scored differently than those 
infected with more destructive types.
    In reviewing the Association's request for removal of the 
definition of decay from the standards, AMS has concluded that a change 
to the definition is more appropriate and practicable and will 
accomplish the result requested by the Association.
    Therefore, based on the request made by the Association, and to 
keep the grade standards current with marketing trends and commodity 
characteristics, this interim final rule will revise the definition of 
decay in the U.S. Standards for Grades of Cantaloups, Sec. 51.490.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on small entities. Accordingly, AMS has prepared this initial 
regulatory flexibility analysis. Interested parties are invited to 
submit information on the regulatory and informational impacts of this 
action on small businesses.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. The United States 
standards issued pursuant to the Agricultural Marketing Act of 1946, 
and 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 compatibility.
    There are approximately 450 cantaloup handlers and producers in the 
United States. Of these 450 handlers and producers, approximately 70 
are from the State of Texas and produce/handle approximately 5 percent 
of the total crop. Approximately 16 handlers are regulated under the 
Marketing Order for Melons Grown in South Texas and there are 
approximately 33 producers in the production area. Approximately 320 
growers and handlers are from the State of California and produce/
handle approximately 60 percent of the crop, and, approximately 31 
handlers and producers from the State of Arizona produce/handle 15 
percent of the total crop. The remaining commercial

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production of cantaloups is distributed throughout other various 
growing regions of the United States. Small agricultural service firms, 
which includes handlers, have been defined by the Small Business 
Administration (SBA) (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 cantaloup industry is characterized by producers and handlers 
whose farming operations involve more than one commodity, and whose 
income from farming operations is not exclusively dependent on 
cantaloup production. Alternative crops provide an opportunity to 
utilize many of the same facilities and equipment not in use when the 
cantaloup production season is complete. Typical cantaloup producers 
and handlers either produce multiple crops or alternate crops within a 
single year. Therefore, it is difficult to obtain an exact number of 
cantaloup producers and handlers that can be classified as small 
entities based on the SBA's definition. However, it is estimated that 
the majority of handlers and producers of cantaloups may be classified 
as small entities.
    This rule will revise the U.S. Standards for Grades of Cantaloups 
that was issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 
1621 et seq.). In addition, the regulations under Marketing Order No. 
979 (7 CFR Part 979), as issued under the Agricultural Marketing Act of 
1937 (7 U.S.C. 601-674) references the U.S. Standards for Grades of 
Cantaloups, including the term ``decay'' and accordingly, the 
regulation of cantaloups grown in South Texas is affected. In the 
standards, the definition of decay applies to all four grades; U.S. 
Fancy, U.S. No. 1, U.S. Commercial and U.S. No. 2. This action changes 
the definition of decay to provide that dry type decays will not be 
scored against the decay tolerance unless penetrating the rind and 
extending into the edible flesh of the melon. This revision will be a 
benefit to producers and handlers by allowing a more accurate scoring 
of dry type decays. As a result, more melons are expected to be 
marketed that would otherwise be graded as defective.
    It is estimated that total commercial cantaloup production in the 
U.S. was approximately 67 million cartons with an estimated value of 
$401 million. Cantaloup production covered under the Marketing Order 
for Melons Grown in South Texas comprises approximately 5 percent of 
the domestic market share.
    AMS has determined that this action would not impose an additional 
reporting or recordkeeping requirement on either small or large 
cantaloup growers and handlers.
    The Department has not identified any relevant Federal rules that 
duplicate, overlap, or conflict with this rule, except that the 
regulation of cantaloups grown in South Texas under 7 CFR Part 979 
would be affected by this action.
    With regard to alternatives to this action, if no action were taken 
by the Agency, this could result in continued scoring of marketable 
melons with possible revenue loss by growers, shippers or handlers of 
these melons.
    Accordingly, this action will make the standards more consistent 
and uniform with marketing trends and commodity characteristics.
    Pursuant to 5 U.S.C. 553, it is 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 30 days after publication in the Federal Register because: 
(1) Harvesting of the year's crop will begin in late April; (2) this 
revision should be made as soon as possible to make the standards more 
consistent and uniform with marketing trends and commodity 
characteristics; (3) cantaloup production is increasing on a yearly 
basis and further delaying the standards revision would result in the 
increased loss of marketable melons and subsequent revenue loss by 
growers and handlers; and, (4) this interim final 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 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

    For reasons set forth in the preamble, 7 CFR Part 51 is amended as 
follows:

PART 51--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.

    2. In part 51, Sec. 51.490 is revised to read as follows:


Sec. 51.490  Decay.

    Decay means breakdown, disintegration or fermentation of the flesh 
or rind of the cantaloup caused by bacteria or fungi; except that dry 
type decays will only be scored when penetrating the rind and extending 
into the edible flesh of the melon.

    Dated: April 20, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-11040 Filed 4-24-98; 8:45 am]
BILLING CODE 3410-02-U