[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]
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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.
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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removes out-of-date handler assessment information.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
