[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34232-34235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9234]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[Doc. No. FV-05-704-IFR]


Watermelon Research and Promotion Plan; Redistricting

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule invites comments on changing the 
boundaries of all seven districts under the Watermelon Research and 
Promotion Plan (Plan) to apportion producer and handler membership on 
the National Watermelon Promotion Board (Board). This will make all 
districts equal according to the previous three-year average production 
records. Pursuant to the provisions of the Plan and regulations, these 
changes are based on a review of the production and assessments paid in 
each district and the amount of watermelon import assessments, which 
the Plan requires at least every five years.

DATES: Effective June 15, 2006. Comments must be received by July 14, 
2006.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule to the Docket Clerk, Research and Promotion 
Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing 
Service (AMS), USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0244; fax (202) 205-2800; e-mail: 
[email protected]; or Internet: http://www.regulations.gov. 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 above office during regular business hours 
or can be viewed at: http://www.ams.usda.gov/fv/rpb.html.

FOR FURTHER INFORMATION CONTACT: Daniel Rafael Manzoni, Research and 
Promotion Branch, FV, AMS, USDA, Room 2535-S, Stop 0244, 1400 
Independence Avenue, SW., Washington, DC 20250-0244; telephone (202) 
720-5951 or (888) 720-9917 (toll free); fax: (202) 205-2800; or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under the Watermelon 
Research and Promotion Plan (Plan) [7 CFR part 1210]. The Plan is 
authorized under the Watermelon Research and Promotion Act (Act) [7 
U.S.C. 4901-4916].

Executive Orders 12886

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action.

Executive Order 12988

    In addition, this rule has been reviewed under Executive Order 
12988, Civil Justice Reform. The rule is not intended to have 
retroactive effect and will not affect or preempt any other State or 
Federal law authorizing promotion or research relating to an 
agricultural commodity.
    The Act allows producers, producer-packers, handlers, and importers 
(if covered by the program) to file a written petition with the 
Secretary of Agriculture (Secretary) if they believe that the Plan, any 
provision of the Plan, or any obligation imposed in connection with the 
Plan, is not established in accordance with law. In any petition, the 
person may request a modification of the Plan or an exemption from the 
Plan. The petitioner will have the opportunity for a hearing on the 
petition. Afterwards, an Administrative Law Judge (ALJ) will issue a 
decision. If the petitioner disagrees with the ALJ's ruling, the 
petitioner has 30 days to appeal to the Judicial Officer, who will 
issue a ruling on behalf of the Secretary. If the petitioner disagrees 
with the Secretary's ruling, the petitioner may file, within 20 days, 
an appeal in the U.S. District Court for the district where the 
petitioner resides or conducts business.

Regulatory Flexibility Act and Paperwork Reduction Act

    In accordance with the Regulatory Flexibility Act [5 U.S.C. 601 et 
seq.], AMS has examined the economic impact of this rule on the small 
producers, handlers, and importers that would be affected by this rule.
    The Small Business Administration defines, in 13 CFR part 121, 
small agricultural producers as those having annual receipts of no more 
than $750,000 and small agricultural service firms (handlers and 
importers) as those having annual receipts of no more than $6.5 
million. Under these definitions, the majority of the producers, 
handlers,

[[Page 34233]]

and importers that would be affected by this rule would be considered 
small entities. Producers of less than 10 acres of watermelons are 
exempt from this program. Importers of less than 150,000 pounds of 
watermelons per year are also exempt.
    According to the Board, there are approximately 1,301 producers, 
442 handlers, and 346 importers who are eligible to serve on the Board.
    The Plan requires producers to be nominated by producers, handlers 
to be nominated by handlers, and importers to be nominated by 
importers. This would not change. Because some current members are in 
states or counties which would be moved to other districts under this 
rule, one handler vacancy in the new District 4, one producer member 
vacancy in the new Districts 5, and one handler member vacancy in the 
new District 2 is created with this rule change. Nomination meetings 
will be held in the new districts to fill these vacancies.
    The overall impact is favorable because the new district boundaries 
provide more equitable representation for the producers and handlers 
who pay assessments in the various districts. The current importer 
membership will not change.
    The Board considered several alignments of the districts in an 
effort to provide balanced representation for each district. The Board 
selected the alignment described in this rule as it provides 
proportional representation on the Board of producers, handlers, and 
importers.
    This rule does not impose additional recordkeeping requirements on 
first handlers, producers, or importers of watermelons because the 
number of nominees would remain unchanged.
    There are no federal rules that duplicate, overlap, or conflict 
with this rule.
    In accordance with the Office of Management and Budget (OMB) 
regulation [5 CFR part 1320] which implements the Paperwork Reduction 
Act of 1995 [44 U.S.C. Chapter 35], the information collection and 
recordkeeping requirements that are imposed by the Plan have been 
approved previously under OMB control number 0581-0093. This rule does 
not result in a change to the information collection and recordkeeping 
requirements previously approved.
    We have performed this Initial Regulatory Flexibility Analysis 
regarding the impact of this amendment to the Plan on small entities, 
and we invite comments concerning potential effects of this amendment.

Background

    Under the Plan, the Board administers a nationally coordinated 
program of research, development, advertising, and promotion designed 
to strengthen the watermelon's position in the market place and to 
establish, maintain, and expand markets for watermelons. This program 
is financed by assessments on producers growing 10 acres or more of 
watermelons, handlers of watermelons, and importers of 150,000 pounds 
of watermelons or more per year. The Plan specifies that handlers are 
responsible for collecting and submitting both the producer and handler 
assessments to the Board, reporting their handling of watermelons, and 
maintaining records necessary to verify their reporting(s). Importers 
are responsible for payment of assessments to the Board on watermelons 
imported into the United States through the U.S. Customs Service and 
Border Protection. This action will not have any impact on the 
assessment rates paid by producers, handlers, and importers.
    Membership on the Board consists of two producers and two handlers 
for each of the seven districts established by the Plan, at least one 
importer, and one public member. The Board currently has 35 members: 14 
producers, 14 handlers, 6 importers, and 1 public member.
    The seven current districts were established in 2001. They are:
    District 1--The Florida counties of Brevard, Broward, Collier, 
Dade, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, 
Monroe, Okeechobee, Osceola, Palm Beach, Polk, and St. Lucie.
    District 2--The Florida counties of Alachula, Baker, Bay, Bradford, 
Calhoun, Charlotte, Citrus, Clay, Columbia, Desoto, Dixie, Duval, 
Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, 
Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, 
Leon, Levy, Liberty, Madison, Manatee, Marion, Nassau, Okaloosa, 
Orange, Pasco, Pinellas, Putnam, Santa Rosa, Sarasota, Seminole, St. 
Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and 
Washington.
    District 3--Alabama, Arkansas, Georgia, Louisiana, Mississippi, 
South Carolina, and Tennessee.
    District 4--Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, 
Missouri, Nebraska, New Hampshire, New Jersey, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, 
South Dakota, Vermont, Virginia, Washington, D.C., West Virginia, and 
Wisconsin.
    District 5--Alaska, Colorado, Hawaii, Idaho, Montana, Nevada, 
Oregon, Utah, Washington, Wyoming and the California counties of 
Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del 
Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kern, Kings, Lake, 
Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, 
Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San 
Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, 
Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, 
Stanislaus, Sutter, Tehama, Trinity, Tulare, Toulumne, Venture, Yolo, 
and Yuba.
    District 6--Texas.
    District 7--Arizona, New Mexico, and the California counties of 
Imperial, Los Angeles, Orange, Riverside, San Bernardino, and San 
Diego.
    Pursuant to section 1210.320(c) of the Plan, the Board shall review 
the seven districts to determine whether realignment of the districts 
is necessary, every five years. When making a review, the Plan 
specifies that the Board should consider factors such as the most 
recent three years of USDA production reports or Board assessment 
reports if USDA production reports are unavailable, shifts and trends 
in quantities of watermelons produced, and any other relevant factors. 
Any realignment should be recommended by the Board at least six months 
prior to the date of the call for nominations and should become 
effective at least 30 days prior to this date.
    Pursuant to section 1210.320 (e), the Secretary shall review 
importer representation every five years. According to the Plan, the 
Secretary shall review a three-year average of watermelon import 
assessments and adjust, to the extent practicable, the number of 
importers on the Board.
    The Board appointed a subcommittee to begin reviewing the U.S. 
districts and to determine whether realignment was necessary based on 
production and assessment collections in the current districts. During 
the review, as prescribed by the Plan, the subcommittee reviewed USDA's 
Annual Crop Summary reports for 2002 through 2004, which provide 
figures for the top 17 watermelon producing states, and the Board's 
assessment collection records for 2002 through 2004. Both sets of data 
showed similar trends in production among the various states. However, 
the Board used the assessment reports because USDA's Annual Crop 
Summary reports were available for only 17 of the

[[Page 34234]]

34 states in which watermelons are produced.
    The subcommittee recommended to the Board that the boundaries of 
all seven districts be changed in order for there to be an equal amount 
of assessments paid by producers and handlers in the districts.
    The subcommittee also provided information that the average annual 
percentage of assessments paid by importers continued to represent 20 
percent of the Board's assessment income during 2002-2004. Because 
there was no change in the assessments on imports, it is not necessary 
to change the number of importer representatives on the Board. 
Therefore, the number of importer Board members remains at six.
    Subsequently, the realignment was approved by Board at its February 
22, 2005, meeting. Under the realignment, each district would 
represent, on average, 14 percent of total U.S. production. The 
composition of the Board would remain at a total of 35 members: 14 
producers, 14 handlers, 6 importers, and 1 public member.
    Therefore, this rule realigns the districts as follows:
    District 1--The Florida counties of Brevard, Broward, Charlotte, 
Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, 
Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, 
Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, 
Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, 
Sumter, and Volusia.
    District 2--The Florida counties of Alachua, Baker, Bay, Bradford, 
Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, 
Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, 
Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, 
Union, Wakulla, Walton, Washington, and the Georgia counties Early, 
Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, 
and the states of Alabama, Arkansas, Louisiana, Mississippi, North 
Carolina, Oklahoma, Tennessee, and Virginia.
    District 3--The Georgia counties not included in District two and 
the state of South Carolina.
    District 4--The States of North Dakota, South Dakota, Nebraska, 
Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, 
Kentucky, West Virginia, Maryland, New Hampshire, Maine, New Jersey, 
New York, Pennsylvania, Massachusetts, Rhode Island, Delaware, Vermont, 
Wisconsin, Connecticut, and Washington, DC.
    District 5--The States of Alaska, Hawaii, Nevada, Oregon, and 
Washington and all of the counties in the state of California except 
for those California counties included in District Seven.
    District 6--The counties in the state of Texas, except for those 
counties in Texas included in District Seven.
    District 7--The counties in the state of Texas; Dallam, Sherman, 
Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, 
Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, 
Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, 
Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, 
Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, 
Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, 
Idaho, Montana, and Wyoming, and the following counties in California; 
San Bernardino, Riverside, San Diego, and Imperial.
    Under this realignment: (1) Eighteen Florida counties are moved 
from District 2 to District 1; (2) Alabama, Arkansas, Louisiana, 
Mississippi, and Tennessee are moved from District 3 to District 2; (3) 
North Carolina, Virginia and Oklahoma are moved from District 4 to 
District 2; (4) Georgia counties Early, Baker, Miller, Colquitt, 
Thomas, Grady, Decatur, and Seminole are moved from District 3 to 
District 2; (5) Montana, Idaho, Wyoming, Utah and Colorado are moved 
from District 5 to District 7; (6) Texas counties Dallam, Sherman, 
Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, 
Hemphill, Oldham, Potter, Carlson, Gray, Wheeler, Deaf Smith, Randall, 
Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, 
Hall, Childness, Bailey, Lamb, Hale, Flyod, Motley, Cottle, Cochran, 
Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, 
Kent, and Stonewall, are moved from District 6 to District 7; and (7) 
California counties Los Angeles and Orange are moved from District 7 to 
District 5.
    Due to the re-alignment of the districts the following vacancies 
are created: one handler vacancy in District 4, one handler vacancy in 
District 2, and one producer vacancy in the District 5. Current Board 
members would be affected because their states or counties would be 
moved to other districts. Nomination meetings will be held as soon as 
possible in the new districts to fill the vacancies.
    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 until 30 days after the publication in the Federal 
Register because the Board adjustment provided for in this interim 
final rule needs to be effective as soon as possible in order to 
complete the 2006 Board appointments. For the same reason, a 30-days 
comment period is deemed appropriate.

List of Subjects in 7 CFR Part 1210

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Reporting and recordkeeping 
requirements, Watermelon promotion.


0
For the reasons set forth in the preamble, part 1210, Chapter XI of 
Title 7 is amended as follows:
0
1. The authority citation for 7 CFR part 1210 continues to read as 
follows:

    Authority: 7 U.S.C. 4901-4916.

PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN

Subpart C--Rules and Regulations

0
2. Section 1210.501 is revised to read as follows:


Sec.  1210.501  Realignment of districts.

    Pursuant to Sec.  1210.320(c) of the Plan, the districts shall be 
as follows:
    District 1--The Florida counties of Brevard, Broward, Charlotte, 
Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, 
Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, 
Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, 
Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, 
Sumter, and Volusia.
    District 2--The Florida counties of Alachua, Baker, Bay, Bradford, 
Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, 
Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, 
Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, 
Union, Wakulla, Walton, Washington, and the Georgia counties Early, 
Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, 
and the states of Alabama, Arkansas, Louisiana, Mississippi, North 
Carolina, Oklahoma, Tennessee, and Virginia.
    District 3--The Georgia counties not included in District two and 
the state of South Carolina.
    District 4--The States of North Dakota, South Dakota, Nebraska, 
Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, 
Kentucky, West Virginia, Maryland,

[[Page 34235]]

New Hampshire, Maine, New Jersey, New York, Pennsylvania, 
Massachusetts, Rhode Island, Delaware, Vermont, Wisconsin, Connecticut, 
and Washington, DC.
    District 5--The States of Alaska, Hawaii, Nevada, Oregon, and 
Washington and all of the counties in the state of California except 
for those California counties included in District Seven.
    District 6--The counties in the state of Texas, except for those 
counties in Texas included in District Seven.
    District 7--The counties in the state of Texas; Dallam, Sherman, 
Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, 
Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, 
Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, 
Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, 
Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, 
Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, 
Idaho, Montana, and Wyoming, and the following counties in California; 
San Bernardino, Riverside, San Diego, and Imperial.

    Dated: June 8, 2006.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
 [FR Doc. E6-9234 Filed 6-13-06; 8:45 am]
BILLING CODE 3410-02-P