[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Proposed Rules]
[Page 55556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24351]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 68, No. 187 / Friday, September 26, 2003 / 
Proposed Rules  

[[Page 55556]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[Docket No. FV-01-704-610 REVIEW]


Watermelon Research and Promotion Plan; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Review of the Watermelon Research and Promotion Plan.

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SUMMARY: This action summarizes the results of a review of the 
Watermelon Research and Promotion Plan (Plan) by the U.S. Department of 
Agriculture's, (Department), Agricultural Marketing Service (AMS) under 
the criteria contained in section 610 of the Regulatory Flexibility Act 
(RFA). Based upon its review, AMS has determined that the Plan should 
be continued without change.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Research and Promotion, 
Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, 
Stop 0244, Room 2535-S, 1400 Independence Avenue, SW., Washington, DC 
20250-0244; telephone (202) 720-9915; Fax (202) 205-2800; or E-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Margaret Irby, Research and Promotion 
Branch, Fruit and Vegetable Programs, AMS, USDA, Stop 0244, 1400 
Independence Avenue, SW., Room 2535-S, Washington, DC 20250-0244; 
telephone (202) 720-9915; Fax (202) 205-2800; or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Plan [7 CFR Part 1210] is authorized 
under the Watermelon Research and Promotion Act (Act), as amended, [7 
U.S.C. 4901-4916].
    Under the Plan, the National Watermelon Promotion Board (Board) 
collects assessments on watermelons produced in or imported into the 
United States to carry out coordinated programs of research, 
development, advertising, and promotion designed to strengthen, 
maintain, and expand domestic and foreign markets for watermelons.
    AMS published in the Federal Register [63 FR 8014; February 18, 
1999] its plan to review certain regulations, including the Plan, under 
the criteria contained in Sec.  610 of the Regulatory Flexibility Act 
(RFA) [5 U.S.C. 601-612]. An updated Plan was published in the Federal 
Register on January 4, 2002 [67 FR 525].
    AMS published a notice of review and request for written comments 
on the Plan in the March 17, 2000, issue of the Federal Register [65 FR 
14485]. No written comments were received.
    The review was undertaken to determine whether the Plan should be 
continued without change, amended, or rescinded (consistent with the 
objectives of the Act) to minimize the impacts on small entities. In 
conducting this review, AMS considered the following factors: (1) The 
continued need for the Plan; (2) the nature of complaints or comments 
received from the public concerning the Plan; (3) the complexity of the 
Plan; (4) the extent to which the Plan overlaps, duplicates, or 
conflicts with other Federal rules, and, to the extent feasible, with 
State and local governmental rules; and (5) the length of time since 
the Plan has been evaluated or the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
Plan.
    Currently, there are 2,200 producers, 620 handlers, and 280 
importers covered under the Plan. Producers of less than 10 acres and 
importers of less than 150,000 pounds of watermelons annually are 
exempt.
    AMS provides federal oversight of the watermelon research and 
promotion program. The Plan is not unduly complex, and AMS has not 
identified any federal rules, or State and local regulations that 
duplicate, overlap, or conflict with the Plan. Over the years, 
regulation changes have been made to address industry operation changes 
and to improve program administration. The goal of these evaluations is 
to assure that the Plan and the regulations implemented under it fit 
the needs of the industry and are consistent with the Act. With the 
exception of a challenge concerning the constitutionality of 
assessments for promotion under the Plan, which the Department is 
currently defending, AMS has not received complaints about the Plan.
    Based upon it review, AMS has determine that the Plan should be 
continued without change. AMS plans to continue working with the 
watermelon industry in maintaining an effective program.

    Dated: September 22, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-24351 Filed 9-25-03; 8:45 am]
BILLING CODE 3410-02-P