[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23754-23759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11077]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 979

[Docket No. FV99-979-1 IFR]


Melons Grown in South Texas; Change in Container Regulation

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule changes the handling regulation

[[Page 23755]]

currently prescribed under the South Texas melon (cantaloupes and 
honeydews) marketing order. The marketing order regulates the handling 
of melons grown in South Texas and is administered locally by the South 
Texas Melon Committee (committee). This rule changes the dimensions of 
bulk containers used for shipping honeydew melons, requires these 
containers to be octagonal or rectangular in shape, and adds a 
dimension tolerance for that container. It also adds provisions 
allowing the committee to approve the use of experimental containers 
and melon shipments for experimental purposes, and removes two 
experimental containers that have not been used by the industry for 
several years. These changes were unanimously recommended by the 
committee and are expected to enable handlers to compete more 
effectively in the marketplace.

DATES: Effective May 5, 1999; comments received by July 6, 1999, will 
be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, Fruit 
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456; Fax: (202) 720-5698; or E-mail: 
[email protected]. 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, McAllen Marketing 
Field Office, Marketing Order Administration Branch, F&V, AMS, USDA, 
1313 E. Hackberry, McAllen, Texas 78501; telephone: (956) 682-2833, 
Fax: (956) 682-5942; or George Kelhart, Technical Advisor, Marketing 
Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 
room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: 
(202) 720-2491, Fax: (202) 720-5698. Small businesses may request 
information on complying with this regulation, or obtain a guide on 
complying with fruit, vegetable, and specialty crop marketing 
agreements and orders by contacting Jay Guerber, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. 
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone (202) 720-
2491, Fax: (202) 720-5698, or E-mail: Jay.G[email protected]. You may 
also view the marketing agreement and order small business compliance 
guide at the following web site: http://www.ams.usda.gov/fv/moab.html.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 156 and Order No. 979 (7 CFR part 979), regulating the 
handling of melons grown in South Texas, hereinafter referred to as the 
``order.'' The marketing agreement and order are 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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule 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.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under 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 to review the Secretary's 
ruling on the petition, provided an action is filed not later than 20 
days after the date of the entry of the ruling.
    This rule changes the dimensions and specifies the shapes of bulk 
containers used for shipping honeydew melons, adds a dimension 
tolerance for that container, adds procedures that allow the committee 
to approve the use of experimental containers and melon shipments for 
experimental purposes, and removes two experimental containers that 
have not been used by the industry for several years. These changes are 
expected to enable handlers to compete more effectively in the 
marketplace, better meet market needs, and prevent confusion in the 
industry. A subcommittee met on January 28, 1999, and unanimously 
recommended that the committee approve these changes to the regulation. 
The committee met and unanimously recommended the changes on March 30, 
1999.
    Section 979.52 authorizes the issuance of regulations for grade, 
size, maturity, quality, and pack for any or all varieties of melons 
during any period. Section 979.54 authorizes the issuance of 
regulations that modify, suspend, or terminate requirements issued 
under Secs. 979.42, 979.52, or 979.60 to facilitate the handling of 
melons for special purposes. Section 979.55 requires adequate 
safeguards to ensure that melons handled under Sec. 979.54 are used for 
the stated purposes.

Changes to the Bulk Container Requirements for Honeydew Melons

    Section 979.304 of the order's rules and regulations sets container 
requirements for both cantaloupes and honeydew melons. Only honeydews 
are authorized to be packed in bulk containers. Thus, these changes to 
bulk container requirements do not apply to cantaloupes.
    Currently, Sec. 979.304(b)(4) authorizes the use of a bulk 
container for honeydew melons and specifies that the container be 48 
inches long by 40 inches wide by 24 inches deep or similar dimensions. 
The phrase ``or similar dimensions'' was included to provide 
flexibility recognizing that the dimensions of containers sometimes are 
a little less or more than those specified in the regulation. The 
committee now believes, however, that the provisions are too flexible, 
and that the lack of specificity could result in administrative, 
compliance, and enforcement problems.
    It now believes that a more precise tolerance is needed so that 
there is no room for misinterpretation by the industry. The committee, 
therefore, recommended removing the phrase ``or similar dimensions'' 
and adding in its place provisions establishing a dimension tolerance 
of 1\1/2\ inch for each dimension. The 1\1/2\ inch tolerance for each 
dimension for this container will allow handlers to pack honeydew 
melons in containers with dimensions slightly different from the sizes 
specified in the regulation. Identifying a specific dimension tolerance 
in the regulation will prevent misunderstandings, and provide handlers 
the flexibility to use bulk containers with slight dimension variations 
when packing honeydew melons.
    The committee also recommended allowing the depth of the bulk 
container to range between 24 and 36 inches to permit melon handlers to 
pack larger or a greater number of honeydew melons in the container, if 
they desire. The

[[Page 23756]]

industry's need to pack larger or a greater number of honeydews in the 
bulk container, depending on buyer or retailer needs, led to this 
committee recommendation for increased container flexibility.
    The committee further recommended that the shape of bulk containers 
used for honeydew melons be rectangular or octagonal. Currently, these 
are the only shapes used by handlers, and the limitation will not 
impose an added burden on handlers. The change is expected to foster 
compliance and simplify enforcement. Last season a total of 1,727 bulk 
containers were shipped by the industry, compared to 1,655 containers 
in 1997. Demand for bulk containers has increased in recent years 
because their use results in reduced costs to receivers. Bulk bins can 
be re-used, whereas other containers cannot. The cost of disposing of 
used containers has increased.

Addition of Provisions Allowing the Committee To Approve the Use of 
Experimental Containers and Melon Shipments for Experimental 
Purposes

    The market for both cantaloupes and honeydew melons continues to 
undergo rapid changes. Buyers, retailers, and consumers continually 
demand flexibility in container availability. The committee is always 
looking for ways to strengthen and expand the market for melons. 
Currently, except for an experimental honeydew pony carton that is 
removed by this rule, there are no provisions in place allowing the 
committee to approve melon shipments for experimental purposes nor in 
experimental containers unless informal rulemaking is initiated. There 
are times during the melon shipping season when the trade is interested 
in receiving melons in containers other than those currently authorized 
by the regulations. The industry currently uses only fiberboard 
containers, and they are interested in experimenting with plastic bins.
    Not being able to respond quickly to market demands for testing 
different types of melon containers could cause the South Texas melon 
industry to lose sales to competing melon-producing areas. Competition 
from other melon production areas demands that the Texas melon industry 
have the ability to quickly respond to buyer, retailer, and consumer 
demands for new containers. The committee may become aware of the need 
for new containers during the shipping season. The shipping season 
normally runs from May 1 through June 20 each year. For the committee 
to respond quickly to market needs for containers not currently 
authorized, it should have flexibility to approve the use of 
experimental containers whenever the need arises. Also, melon-producing 
areas without marketing orders are not bound by container restrictions 
and have the flexibility to use different types and sizes of containers 
as needed by consumers and retailers. The added flexibility will allow 
handlers to better meet buyers' needs.
    In addition, the committee recommended that provisions be added to 
the regulations to permit it to approve shipments for experimental 
purposes to allow the industry to test different types of melon 
shipments whenever needed to meet competition from other growing areas, 
and buyers' needs. Some handlers have expressed an interest in 
experimenting with the shipment of cantaloupe and honeydew melons in 
the same container.
    Establishing provisions in the regulations to allow the committee 
to approve the use of experimental containers would allow the industry 
to respond quickly to market needs for containers not currently 
approved under the order's container regulations. Establishing 
provisions in the regulations to allow the committee to approve 
shipments for experimental purposes would allow the industry to test 
different types of melon shipments when needed.
    Safeguards for these types of shipments are currently specified in 
paragraph (f) of Sec. 979.304. A handler wanting an exemption for an 
experimental container or experimental use would apply to the committee 
for a Certificate of Privilege. The Certificate would be issued by the 
committee after consideration of the application. Handlers using a 
Certificate of Privilege would then be required to report each exempt 
shipment to the committee. This will enable the committee to easily 
track such shipments, and ensure they are in compliance with the 
order's rules and regulations.
    Once the committee approves the use of experimental containers or 
experimental shipments, the industry will be able to determine the 
benefits and market acceptance of the containers and other types of 
shipments. Also, allowing handlers to ship melons in test containers 
will enable the committee to determine whether such containers should 
be added to the permanent list of approved containers in the 
regulations.

Removal of Two Experimental Containers

    An experimental honeydew pony carton added in 1985 to paragraph 
(e)(3) and a cantaloupe carton added in 1990 to paragraph (e)(4) in 
Sec. 979.304 have not been used for several years. The committee, 
therefore, recommended that they be removed from the handling 
regulation.

Other Changes in the Regulations

    Currently, in Sec. 979.304(c)(4) the name of one of the designated 
inspection offices and the telephone area codes of the designated 
inspection offices are incorrect. The name of the inspection office has 
been changed to ``Texas Cooperative Inspection Program'' office and the 
telephone area codes have changed from ``210'' to ``956''. The 
committee recommended that the regulation be updated to reflect these 
changes.
    In addition, in Sec. 979.180 and Sec. 979.304, the word 
``cantaloup'' is misspelled. To correct the misspelling, all references 
to ``cantaloup'' should be changed to ``cantaloupe.''

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this initial regulatory flexibility analysis.
    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 the 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 14 handlers of South Texas melons who are subject to 
regulation under the marketing order and approximately 33 melon growers 
in the regulated area. Small agricultural service firms 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 
growers are defined as those having annual receipts of less than 
$500,000.
    Most of the handlers are vertically integrated corporations 
involved in producing, shipping, and marketing melons. For the 1997-98 
marketing year, 6,770 acres of production were shipped by the 
industry's 14 handlers; the average acreage and median acreage handled 
totaled 484 acres and 417 acres, respectively. In terms of production 
value, total revenues from the 14

[[Page 23757]]

handlers were estimated to be $16.4 million.
    The Rio Grande Valley melon industry is characterized by growers 
and handlers whose farming operations generally involve more than one 
commodity, and whose income from farming operations is not exclusively 
dependent on the production of melons. Alternative crops provide an 
opportunity to utilize many of the same facilities and equipment not in 
use when the melon production season is complete. For this reason, 
typical melon growers and handlers either double-crop melons during 
other times of the year or produce alternate commodities, like onions.
    Based on the SBA's definition of small entities, the committee 
estimates that a majority of the 14 handlers regulated by the order 
would be considered small entities if only their spring melon revenues 
are considered. However, revenues from other productive enterprises 
would likely push a large number of these handlers above the $5,000,000 
annual receipt threshold. Of the 33 growers within the production area, 
few have sufficient acreage to generate sales in excess of $500,000; 
therefore, the majority of growers may be classified as small entities.
    This rule changes the container regulation to accurately identify 
the shapes and dimensions of bulk containers handlers use for shipping 
honeydew melons, adds procedures allowing the committee to approve the 
use of experimental containers and melon shipments for experimental 
purposes, removes two experimental containers that have not been used 
by the industry for several years, and makes several minor 
modifications to update the regulations. These changes are expected to 
enable handlers to compete more effectively in the marketplace, better 
meet market needs, and prevent confusion. A subcommittee met on January 
28, 1999, and unanimously recommended that the committee approve these 
changes to the regulation. The committee met and unanimously 
recommended the changes on March 30, 1999.
    Section 979.52 authorizes the issuance of regulations for grade, 
size, maturity, quality, and pack for any or all varieties of melons 
during any period. Section 979.54 authorizes the issuance of 
regulations that modify, suspend, or terminate requirements issued 
under Secs. 979.42, 979.52, or 979.60 to facilitate handling of melons 
for special purposes. Section 979.55 requires adequate safeguards to 
ensure that melons handled under Sec. 979.54 are used for the stated 
purposes.
    At its meeting on March 30, 1999, the committee unanimously 
recommended revising Sec. 979.304 as follows:
    (1) Modify the bulk container to accurately identify the shapes and 
dimensions of bulk containers used for shipping honeydew melons;
    (2) Add provisions to allow the committee to approve the use of 
experimental containers and melon shipments for experimental purposes;
    (3) Remove two experimental containers that have not been used by 
the industry for several years; and
    (4) Make several minor modifications to update the regulations.

Changes to the Bulk Container Requirements for Honeydew Melons

    Currently, Sec. 979.304(b)(4) authorizes the use of a bulk 
container for honeydew melons and specifies that the container be 48 
inches long by 40 inches wide by 24 inches deep or similar dimensions. 
The committee recommended that the regulation specify that the bulk 
containers be rectangular or octagonal, the types of containers 
currently being used by the industry, in order to help administer the 
program. Making the regulation more specific will foster compliance and 
simplify enforcement. (Last season 1,727 of these bulk containers were 
shipped by the industry.) Specifying the shape of the bulk container in 
the regulation would clear up any misunderstanding that all shapes of 
bulk containers may be used for shipping honeydew melons.
    The regulation currently does not provide specific tolerances on 
the container dimensions, and the committee does not know exactly how 
``similar dimensions'' is being interpreted. Differences in 
interpretation among handlers and the industry regarding the phrase 
``or similar dimensions'' could cause problems enforcing the marketing 
order program. A more precise tolerance is needed so that there is no 
room for misinterpretation by the industry. In order to clarify the 
industry's intentions, the committee recommended removing the phrase 
``or similar dimensions'' and adding in its place, ``A tolerance of 
1\1/2\ inch for each dimension shall be permitted.'' The committee 
believes the recommendation to provide a 1\1/2\ inch tolerance for each 
dimension on this container will provide handlers some flexibility, 
with some preciseness, to pack honeydew melons in containers with 
slightly different dimensions from the sizes specified in the 
regulation. Identifying specific dimension tolerances in the regulation 
would prevent possible misunderstanding and would give handlers the 
flexibility to use bulk containers with slightly different dimensions 
from the sizes specified in the regulation.
    The committee also recommended increasing the depth allowance of 
the bulk container by 12 inches to permit melon handlers to pack larger 
or a greater number of honeydew melons in the container.
    Adding tolerances to the dimensions of the currently approved bulk 
container and increasing the depth allowance will allow the melon 
industry to accept containers with slight dimension variations from box 
manufacturers, which will give handlers additional flexibility.
    The industry's need to pack larger or a greater number of honeydews 
in the bulk container, depending on buyer or retailer needs, led to the 
committee's recommendation to increase the depth allowance of the 
container by an additional 12 inches to permit a range from 24 to 36 
inches deep.

Addition of Provisions Allowing the Committee To Approve the Use of 
Experimental Containers and Melon Shipments for Experimental 
Purposes

    The marketplace continues to undergo rapid changes. Buyers, 
retailers, and consumers continually demand flexibility in container 
availability. The committee is always looking for ways to strengthen 
and expand the market for melons. Currently, except for an experimental 
honeydew pony carton provision that is removed by this rule, there are 
no procedures in place to allow the committee to approve melon 
shipments for experimental purposes nor in experimental containers 
unless they initiate informal rulemaking. There are times during the 
melon shipping season when the trade is interested in receiving melons 
in containers other than those currently authorized by the regulations. 
The industry currently uses only fiberboard containers and they are 
interested in experimenting with plastic bins. The committee does not 
currently have the flexibility to react quickly to the need for 
containers not currently approved for South Texas melon shipments. Not 
being able to respond quickly to market demands for testing different 
types of melon containers could cause the South Texas melon industry to 
lose sales to competing melon-producing areas.
    Competition from other melon production areas demands that the 
Texas melon industry be able to quickly respond to buyer, retailer, and 
consumer demands for new containers. Because

[[Page 23758]]

the melon regulatory period begins May 1 each year and runs through 
June 20, the committee is not able to meet, approve regulatory changes, 
and promptly complete the rulemaking process in order to approve 
various types of experimental containers. The industry may not be aware 
of the need for new containers until they are in the middle of their 
shipping season. For the committee to respond quickly to market needs 
for containers which are not currently authorized, it must have the 
flexibility to approve the use of experimental containers whenever the 
need arises. Also, melon-producing areas without marketing orders are 
not bound by container restrictions and have the flexibility to use 
different types and sizes of containers as needed by consumers and 
retailers. The added flexibility will allow handlers to meet the 
competition from other areas and better meet buyers' needs. In 
addition, the committee recommended that provisions be added to the 
regulations to permit it to approve shipments for experimental purposes 
to allow the industry to test different types of melon shipments 
whenever needed. As mentioned before, some handlers have expressed an 
interest in experimenting with the shipment of cantaloupes and honeydew 
melons in the same container.
    Establishing provisions to allow the committee to approve the use 
of experimental containers would allow the industry to respond quickly 
to market needs for containers not currently approved under the order's 
container regulations, and establishing procedures to authorize the 
committee to approve shipments for experimental purposes would allow 
the industry to test different types of melon shipments when needed. 
Because the committee has established safeguards for these types of 
experimental shipments under paragraph (f) of the handling regulation, 
they will be able to easily track their use. Once the committee 
authorizes the use of experimental containers or experimental 
shipments, the industry will be able to determine the benefits and 
market acceptance of the containers or other types of shipments. Also, 
allowing handlers to ship melons in test containers will enable the 
committee to determine whether such containers should be added to the 
permanent list of approved containers.

Removal of Two Experimental Containers

    Two experimental containers in (e)(3) (a honeydew pony carton added 
in 1985) and (e)(4) (a cantaloupe carton added in 1990) are obsolete 
and have not been used for several years, and the committee recommended 
that they be removed from the handling regulation.

Other Changes in the Regulations

    Currently, in Sec. 979.304(c)(4) the name and telephone area codes 
of the inspection office are incorrect. The name of the inspection 
office has been changed to ``Texas Cooperative Inspection Program'' 
office and the telephone area codes have changed from ``210'' to 
``956.'' The committee recommended that the regulation be updated to 
reflect these changes.
    In Marketing Order No. 979 the correct spelling of ``cantaloupe'' 
is used, and in Sec. 979.180 and Sec. 979.304, ``cantaloup'' is 
misspelled. To correct the misspelling and for consistency, all 
references to ``cantaloup'' should be changed to ``cantaloupe.''
    This rule change would permit the South Texas melon industry to 
experiment with different types of containers prior to adding them to 
their approved container list. The committee believes this would 
effectively accommodate retailer and customer needs.
    The committee recommended these changes to assist the consuming 
public in receiving Texas melons in containers they desire. Permitting 
the South Texas melon industry to experiment with different types of 
containers without the need for rulemaking and adding tolerances to the 
currently approved honeydew bulk container has small entity 
orientation.
    An alternative to the recommended changes would be to keep the 
regulations as they are, however:
    (1) It was the committee's desire to come up with a more workable 
bulk honeydew container regulation to make it more precise and 
eliminate potential problems. Not permitting a 1\1/2\ inch tolerance 
for each dimension on the bulk container could prevent the industry 
from marketing honeydew melons in containers which might be 
manufactured slightly different from the sizes specified in the 
regulation.
    (2) Not permitting the committee to quickly approve shipments for 
experimental purposes exempt from regulations or in experimental 
containers without rulemaking could hinder the industry's ability to 
quickly respond to market needs and prevent them from marketing more 
melons. Not providing the committee the flexibility to quickly respond 
to market demands for test containers or shipments could result in the 
industry losing opportunities to other melon-producing areas.
    (3) The two permanent experimental containers are no longer needed 
because the containers have not been used for a number of years and a 
new section is being added to make it possible for the committee to 
quickly approve the use of experimental containers.
    (4) Not updating the name and telephone numbers of the inspection 
office to accurately reflect the correct information could cause 
confusion in the industry.
    Although authorizing melon shipments for experimental purposes and 
the use of experimental containers would impose some additional 
reporting and recordkeeping requirements on melon handlers, this would 
be minimal. Currently, handlers making shipments of melons for special 
purposes, including experimental, are required to obtain a Certificate 
of Privilege to notify the committee of their intent to ship melons for 
these purposes. Also, handlers must prepare a special purpose shipment 
report on each shipment and forward it to the committee. The committee 
estimates that approximately two to four handlers might request 
approval for the use of experimental containers, which would increase 
the total reporting and recordkeeping burden by approximately .1 to .2 
hours, and this time is currently approved under OMB No. 0581-0178 by 
the Office of Management and Budget (OMB) in accordance with the 
Paperwork Reduction of 1995 (44 U.S.C. Chapter 35).
    As with all Federal marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sectors. In addition, the Department 
has not identified any relevant Federal rules that duplicate, overlap 
or conflict with this rule.
    Further, the committee's meeting was publicized throughout the 
melon industry and all interested persons were invited to attend the 
meeting and participate in committee deliberations. Like all committee 
meetings, the March 30, 1999, meeting was a public meeting and all 
entities, both large and small, were able to express their views on 
this issue. The committee itself is composed of 10 members, of which 9 
are growers and handlers, and one represents the public. Also, the 
committee has a subcommittee to review certain issues and make 
recommendations to the committee. The subcommittee met on January 28, 
1999, and discussed this issue in detail. The meeting was a public 
meeting and both large and small entities were able to participate and 
express their views. Finally, interested

[[Page 23759]]

persons are invited to submit information on the regulatory and 
informational impacts of this action on small businesses.
    After consideration of all relevant material presented, including 
the committee's recommendation, and other information, it is found that 
this interim final rule, as hereinafter set forth, will tend to 
effectuate the declared policy of the Act.
    This rule invites comments on changes to the handling regulation 
currently prescribed under the South Texas melon marketing order. Any 
comments received will be considered prior to finalization of this 
rule.
    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 requirements for bulk containers for 
honeydew melons and provides additional opportunities for the industry 
to ship melons; (2) the committee needs this rule to be in place for 
the 1999 season beginning May 1, 1999, so the industry may take 
advantage of these options; (3) the committee unanimously recommended 
these changes at a public meeting and interested parties had an 
opportunity to provide input; and (4) this rule provides a 60-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.


Sec. 979.180  [Amended]

    2. In Sec. 979.180, the word ``cantaloups'' is revised to read 
``cantaloupes'' everywhere it appears.
    3. In Sec. 979.304, paragraphs (b)(4), (c)(4), and (e)(3) are 
revised, paragraph (e)(4) is removed, and paragraph (e)(5) is 
redesignated as paragraph (e)(4) to read as follows:


Sec. 979.304  Handling regulation.

* * * * *
    (b) * * *
    (4) Honeydew melons may be packed in rectangular or octagonal bulk 
containers having dimensions of 48 inches long by 40 inches wide by 24 
to 36 inches deep. A tolerance of 1\1/2\ inch for each dimension shall 
be permitted.
* * * * *
    (c) * * *
    (4) Designated inspection stations will be located at the Texas 
Cooperative Inspection Program Office, 1301 W. Expressway, Alamo (Phone 
(956) 787-4091 or 6881) and the Matt Dietz Packing Co., 4700 N. Santa 
Maria, Laredo (Phone (956) 723-9178 or 9170), to be available for 
handlers who do not have permanent packing facilities recognized by the 
committee.
* * * * *
    (e) * * *
    (3) Experimental shipments. (i) Upon approval by the committee, 
melons may be shipped for experimental purposes exempt from the 
container requirements specified in paragraph (b) of this section, but 
shall meet the grade and inspection requirements of paragraphs (a) and 
(c) of this section and the assessment requirements specified in 
Sec. 979.219: Provided, That the melons are handled in accordance with 
safeguard provisions of paragraph (f) of this section.
    (ii) Upon approval of the committee, melons may be shipped for 
testing in types and sizes of containers other than those specified in 
paragraphs (b) and (e)(4) of this section: Provided, That the melons 
are handled in accordance with the provisions of paragraph (f) of this 
section.
* * * * *
    4. In Sec. 979.304, the words ``cantaloup'', ``cantaloups'', and 
``Cantaloups'' are revised to read ``cantaloupe'', ``cantaloupes'' and 
``Cantaloupes'', respectively everywhere they appear.

    Dated: April 28, 1999.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-11077 Filed 5-3-99; 8:45 am]
BILLING CODE 3410-02-P