Proposed Rule2025-18232

Watermelon Research and Promotion Plan; Realignment

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
September 19, 2025

Issuing agencies

Agriculture DepartmentAgricultural Marketing Service

Abstract

This proposed rule invites comments on realigning the representation on the National Watermelon Promotion Board (Board) prescribed in the Watermelon Research and Promotion Plan (Plan) by adjusting several production districts and reducing the number of importers on the Board. This action would contribute to effective administration of the program.

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 180 (Friday, September 19, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Proposed Rules]
[Pages 45155-45159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18232]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 90, No. 180 / Friday, September 19, 2025 / 
Proposed Rules

[[Page 45155]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[Doc. No. AMS-SC-25-0008]


Watermelon Research and Promotion Plan; Realignment

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule invites comments on realigning the 
representation on the National Watermelon Promotion Board (Board) 
prescribed in the Watermelon Research and Promotion Plan (Plan) by 
adjusting several production districts and reducing the number of 
importers on the Board. This action would contribute to effective 
administration of the program.

DATES: Comments must be received by October 20, 2025.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. You may send comments on this proposed 
rule to the Federal eRulemaking Portal at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. 
You can access this proposed rule and instructions for submitting 
public comments by searching for the rule title. Comments may also be 
mailed to the Docket Clerk, Market Development Division, Specialty 
Crops Program, Agricultural Marketing Service (AMS), U.S. Department of 
Agriculture (USDA), 1400 Independence Avenue SW, Room 1406-S, STOP 
0244, Washington, DC 20250-0237; or submitted electronically by email: 
<a href="/cdn-cgi/l/email-protection#80d3cdaed5d3c4c1aecdd2d0aec1cdd3aecdc4c4c3efedede5eef4c0f5f3e4e1aee7eff6"><span class="__cf_email__" data-cfemail="67342a4932342326492a353749262a34492a232324080a0a020913271214030649000811">[email&#160;protected]</span></a>. Comments should reference the 
document number and the date and page number of this issue of the 
Federal Register. All comments will be made available for public 
inspection in the Office of the Docket Clerk during regular business 
hours or can be viewed at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments 
submitted in response to this proposed rule will be included in the 
rulemaking record and will be made available to the public. Please be 
advised that comments are posted as submitted without change and the 
identity of the individuals or entities submitting the comments will be 
public. Do not submit confidential business information, or otherwise 
proprietary, sensitive or protected information. AMS will not post or 
consider comments that contain profanity, vulgarity, threats, or other 
inappropriate language or like content.

FOR FURTHER INFORMATION CONTACT: Alexandra Caryl, Branch Chief, Mid-
Atlantic Region Branch, Market Development Division, Specialty Crop 
Program, AMS, USDA, STOP 0244, 1400 Independence Avenue SW, Room 1406-
S, Washington, DC 20250-0244; Telephone: (202) 720-8805; or Email: 
<a href="/cdn-cgi/l/email-protection#16577a736e7778726477385577646f7a566365727738717960"><span class="__cf_email__" data-cfemail="7c3d1019041d12180e1d523f1d0e05103c090f181d521b130a">[email&#160;protected]</span></a>, or William Hodges, Marketing Specialist, Mid-
Atlantic Region Branch, Market Development Division, Specialty Crops 
Program, AMS, USDA, STOP 0244, 1400 Independence Avenue SW, Room 1406-
S, Washington, DC 20250-0244; Telephone: (443) 571-8456; or Email: 
<a href="/cdn-cgi/l/email-protection#36615f5a5a5f575b187e595251534504764345525718515940"><span class="__cf_email__" data-cfemail="a1f6c8cdcdc8c0cc8fe9cec5c6c4d293e1d4d2c5c08fc6ced7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This proposed rule affecting the Watermelon 
Research and Promotion Plan (7 CFR part 1210) (Plan) is authorized by 
the Watermelon Research and Promotion Act (7 U.S.C. 4901-4916) (Act).

Executive Orders 12866 and 13563

    USDA is issuing this proposed rule in conformance with Executive 
Orders 12866, as amended by Executive Order 13563. Executive Orders 
12866 and 13563 direct agencies to assess all costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety effects, 
distributive impacts, and equity). Executive Order 13563 emphasizes the 
importance of quantifying both costs and benefits, reducing costs, 
harmonizing rules, and promoting flexibility. This rule is not a 
significant regulatory action within the meaning of Executive Order 
12866. Accordingly, this action has not been reviewed by the Office of 
Management and Budget under section 6 of the Executive Order 12866.

Executive Order 13175

    This action was reviewed in accordance with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, which requires agencies to consider whether their 
rulemaking actions will have Tribal implications. AMS determined that 
this proposed rule is unlikely to have substantial direct effects on 
one or more Indian Tribes, or the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

Executive Order 12988

    This proposed rule was reviewed under Executive Order 12988, Civil 
Justice Reform. The Act provides that it shall not affect or preempt 
any other Federal or State law authorizing promotion or research 
relating to an agricultural commodity.
    Under section 1650 of the Act (7 U.S.C. 4909), a person may 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 in accordance with the 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.

Background

    This proposal invites comments on realigning the Board's 
representation and procedures under the Plan. The Board administers the 
Plan with oversight by USDA. The Plan is a nationally coordinated 
program of research, development, advertising, and promotion designed 
to strengthen watermelon's position in the marketplace and to 
establish, maintain, and expand markets for watermelons. The program is 
financed by assessments

[[Page 45156]]

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 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 
paying assessments to the Board on watermelons imported into the United 
States through U.S. Customs and Border Protection (Customs).
    This proposal invites comments on realigning the Board by adjusting 
several production districts under the Plan for producer and handler 
representation on the Board and proportionally reducing the number of 
importer seats on the Board from nine to seven. This is intended to 
more equally represent the average annual percentage of assessments 
paid by importers. These changes were recommended by the Board after a 
review of the production volume and assessments paid in each production 
district, as well as the assessments paid by importers. The Plan 
requires that such a review be conducted at least every five years. 
These changes would help facilitate program operations, and the full 
Board unanimously voted to recommend these changes to the Secretary at 
their meeting on October 15, 2024, in Atlanta, Georgia. After 
consideration of all relevant material presented, including the 
information and recommendations submitted by the Committee and other 
available information, AMS has determined that this rule is consistent 
with and will effectuate the declared policy of the Act.
    Section 1210.320(a) of the Plan specifies that the Board shall be 
comprised of producers, handlers, importers, and one public 
representative appointed by the Secretary. Pursuant to Sec.  
1210.320(b), the Plan originally divided the United States into seven 
districts of comparable production volumes of watermelons, and each 
district was allocated two producer members and two handler members. 
Section 1210.320(d) specifies that importer representation on the Board 
shall be proportionate to the percentage of assessments paid by 
importers to the Board, except that at least one representative of 
importers shall serve on the Board.
    The current Board is comprised of 30 members: 10 producers (two 
from each district), 10 handlers (two from each district), nine 
importers, and one public member.

Review of United States Districts

    Section 1210.320(c) of the Plan requires the Board, at least every 
five years, to review the districts to determine whether realignment is 
necessary. In conducting the review, the Board must consider: (1) The 
most recent three years of USDA production reports or Board assessment 
reports if USDA production reports are unavailable; (2) shifts and 
trends in quantities of watermelon produced, and (3) other relevant 
factors. As a result of the review, the Board may recommend to USDA 
that the districts be realigned.
    Pursuant to Sec.  1210.501 of the Plan, the five current districts 
are as follows:
    District 1--The State of Florida;
    District 2--The State of Georgia;
    District 3--The States of Alabama, Arkansas, Louisiana, 
Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and 
Texas;
    District 4--The States of Connecticut, Delaware, Illinois, Indiana, 
Kentucky, Maryland, Massachusetts, Maine, Michigan, New Hampshire, New 
Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, 
West Virginia, Wisconsin, and Washington, DC;
    District 5--The States of Alaska, Arizona, California, Colorado, 
Hawaii, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, 
Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, 
Washington, and Wyoming.
    The districts listed above were recommended by the Board in 2019 
and established through rulemaking by USDA in 2020 (85 FR 56471).
    On September 10, 2024, the Board's Redistricting Committee met via 
teleconference to conduct a review of the U.S. watermelon production 
districts to determine whether realignment was necessary. The committee 
reviewed production data for 2021, 2022, and 2023 from USDA's National 
Agricultural Statistics Services (NASS), Vegetables Annual Summary for 
2023, and Market News Reports. Due to changes in the geographical 
coverage of USDA's data collection on watermelon production, Board 
assessment data was used for the states for which USDA data was not 
available. USDA accepts and confirms the methodology the Board used to 
review production data. To protect personally identifiable information 
(PII) of watermelon producers and handlers, the assessment data was 
converted to a percentage of production for the average of 2021-2023. 
The combined data organized by proposed districts is shown in Table 1 
below.

 Table 1--State Percentages of U.S. Watermelon Production, Based on USDA
  and Board Assessment Data (3-Year Averages, 2021-2023), Organized by
                        Proposed Board Districts
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                               District 1
------------------------------------------------------------------------
FL.............................................................     23.6
------------------------------------------------------------------------
                               District 2
------------------------------------------------------------------------
GA.............................................................     14.8
Other States \1\...............................................      2.9
                                                                --------
    Dist. 2 Total..............................................     17.6
------------------------------------------------------------------------
                               District 3
------------------------------------------------------------------------
TX.............................................................      9.6
NC.............................................................      5.6
MO.............................................................      3.6
Other States \2\...............................................      0.9
                                                                --------
    Dist. 3 Total..............................................     19.7
------------------------------------------------------------------------
                             District 4 \3\
------------------------------------------------------------------------
IN.............................................................      9.2
DE.............................................................      3.3
Other States \4\...............................................      8.1
                                                                --------
    Dist. 4 Total..............................................     20.6
------------------------------------------------------------------------
                             District 5 \5\
------------------------------------------------------------------------
CA.............................................................     11.5
AZ.............................................................      3.7
Other States \6\...............................................      3.3
                                                                --------
    Dist. 5 Total..............................................     18.5
------------------------------------------------------------------------
\1\ District 2 ``Other States'' data: SC, AL.
\2\ District 3 ``Other States'' data: TN, OK, AR, MS, LA.
\3\ District 4 states with no production data: CT, MA, ME, NH, RI, VT,
  WI, WV, DC.
\4\ District 4 ``Other States'' data: MI, MD, IL, NY, VA, KY, PA, OH,
  NJ.
\5\ District 5 states with no production data: AK, IA, KS, MT, ND, NV,
  SD, UT, WY.
\6\ District 5 ``Other States'' data: WA, OR, ID, NM, CO, HI, NE, MN.

    On October 15, 2024, the Board reviewed the above data and 
recommended the realignment of the U.S. production districts as 
follows:
    District 1--The State of Florida (no change);
    District 2--The States of Alabama, Georgia, and South Carolina 
(added Alabama and South Carolina from District 3);
    District 3--The States of Arkansas, Louisiana, Mississippi, 
Missouri, North Carolina, Oklahoma, Tennessee, and Texas (Alabama and 
South Carolina moved to District 2, Missouri added from District 5);
    District 4--The States of Connecticut, Delaware, Illinois, Indiana, 
Kentucky, Maryland, Massachusetts, Maine, Michigan, New Hampshire, New 
Jersey,

[[Page 45157]]

New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West 
Virginia, Wisconsin, and Washington, DC (no change);
    District 5--The States of Alaska, Arizona, California, Colorado, 
Hawaii, Idaho, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and 
Wyoming (Missouri moved to District 3).
    Section 1210.501 of the Plan is proposed to be revised accordingly.

Review of Imports

    Section 1210.320(e) of the Plan requires USDA to evaluate the 
average annual percentage of assessments paid by importers during the 
three-year period preceding the date of the evaluation and adjust, to 
the extent practicable, the number of importer representatives on the 
Board.
    Table 2 below shows domestic and import assessment data for 
watermelons for the years 2021, 2022, and 2023 based on the Board's 
financial audits from those years. USDA concurs with the methodology 
the Board used to determine the percentage of U.S. and import 
assessments borne by the industry.

                             Table 2--U.S. and Import Assessment Data for 2021-2023
----------------------------------------------------------------------------------------------------------------
                                                          Domestic (U.S.)         Import
                          Year                              assessments        assessments           Total
----------------------------------------------------------------------------------------------------------------
2021...................................................         $2,059,432         $1,168,351         $3,227,783
2022...................................................          1,964,250          1,127,491          3,091,741
2023...................................................          2,092,995          1,195,653          3,288,648
3-Year Average.........................................          2,038,892          1,163,831          3,202,723
Percent of Total.......................................         64 percent         36 percent  .................
----------------------------------------------------------------------------------------------------------------

    Based on this data, the three-year average annual import 
assessments for watermelons for 2021-2023 was $1,163,831, approximately 
36 percent of the Board's assessment income. To make the number of 
importers on the Board proportionate to the assessments paid, the 
number of importers should decrease from nine to seven members.
    The current Board is made up of 45 percent importers. This is 
calculated by dividing the nine importers by 20 domestic members (ten 
handlers and ten producers). Imports equated to about 36 percent of the 
average total assessments received by the Board between 2021 to 2023 
($1,163,831.44/$3,202,723.84 = 36.3%). Implementing the recommendation 
to reduce the importer representation to seven members would result in 
them making up 35 percent of the total Board makeup. This is calculated 
by dividing the seven importers proposed by the 20 domestic members, 
which is closely aligned with the percentage of assessments paid by the 
group, at 36 percent.
    To clearly document the change in Board membership for producers, 
handlers, and importers, Sec.  1210.502 of the Plan would be revised to 
reflect its new composition.

Initial Regulatory Flexibility Act Analysis and Paperwork Reduction Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of 
this action on the small producers, handlers, and importers that would 
be affected by this proposed rule. The purpose of the RFA is to fit 
regulatory action to scale on businesses subject to such action so that 
small businesses will not be disproportionately burdened. The following 
analysis was conducted using the most recent data at the time of 
writing.
    Domestic 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 429 producers, 121 first handlers, and 183 importers who 
are subject to the provisions of the Plan.
    The Small Business Administration (SBA) defines, in 13 CFR part 
121, small agricultural producers of watermelons as those having annual 
receipts equal to or less than $3.75 million [NAICS code 111219--Other 
Vegetable (except Potato) and Melon Farming] and small agricultural 
service firms (handlers and importers) as those having annual receipts 
equal to or less than $34.0 million [NAICS code 115114--Postharvest 
Crop Activities (except Cotton Ginning)]. Under these definitions, the 
majority of the producers, handlers, and importers that would be 
affected by this proposed rule would be considered small entities. This 
conclusion is based on the following computations and data, using the 
Board assessment rate at the time of six cents per hundredweight. As of 
January 22, 2025, the assessment rate increased to nine cents per 
hundredweight following rulemaking (89 FR 104394).
    For 2023, National Agricultural Statistics Service (NASS) reported 
a season average producer price per pound of $0.214. The Board 
estimated the freight on board (FOB) price to be $0.284 for both 
importers and handlers in 2023. The Board reported that 2023 
assessments received from domestic entities totaled $2.247 million, 
with equal proportions of $1.1235 million coming from producers and 
handlers. Dividing $1.1235 million by half of the previous assessment 
rate of $0.06 per hundredweight, as producers and handlers evenly split 
the assessment, yields an estimate of total producer pounds assessed of 
3,745.0 million ($1.1235 million divided by $0.0003 per pound). 
Dividing the total pounds assessed quantity by 429 producers yields an 
average assessed pounds per producer estimate of 8.73 million. 
Multiplying the annual assessed pounds per producer estimate of 8.73 
million pounds by the 2023 NASS season average producer price per pound 
of $0.214 yields an average annual watermelon sales receipts per 
producer estimate of $1.87 million. This is well below the SBA small 
producer size threshold of $3.75 million.
    With an equal proportion of annual domestic assessments coming from 
handlers, the total handler pounds assessed is also 3,745.0 million. 
Dividing total handler pounds assessed by 121 handlers yields an 
average assessed pounds per handler estimate of 30.95 million pounds. 
Multiplying this estimate of annual assessed pounds per handler of 
30.95 million pounds by the season average handler price per pound of 
$0.284, provided by the Board, yields an estimate of average annual 
watermelon sales receipts per handler of $8.79 million. This is well 
below the SBA small handler size threshold of $34.0 million.
    The Board reported that assessments received from importers totaled 
$1.196 million in 2023. Dividing $1.196 million by the previous 
assessment rate of $0.06

[[Page 45158]]

per hundredweight ($0.0006 per pound) yields an estimate of total 
importer pounds assessed of 1,993.3 million. Dividing the total pounds 
assessed by the number of importers, 183, yields an average assessed 
pounds per importer estimate of 10.89 million. Multiplying this 
estimate of annual assessed pounds per importer of 10.89 million pounds 
by the season average importer price per pound of $0.284 yields an 
estimate of average annual watermelon sales receipts per importer of 
$3.09 million. This is well below the SBA small importer size threshold 
of $34.0 million. Assuming normal distributions, the majority of 
producers, handlers, and importers would be classified as small 
businesses according to SBA size standards.
    This proposal invites comments on revising sections 1210.501 and 
1210.502 of the Plan to realign U.S. production districts. The Plan 
divides the United States into five districts of comparable production 
volumes of watermelons, and each district is allocated two producer 
members and two handler members. Further, importer representation on 
the Board must be, to the extent practicable, proportionate to the 
percentage of assessments paid by importers, except there must be at 
least one importer on the Board.
    At least every five years, the Board is required to evaluate, based 
on the preceding three-year period, the average production in each 
production district and the average annual percentage of assessments 
paid by importers. The Board conducted this review in 2024 and 
recommended realigning several districts to align with production 
trends. Authority for these changes is provided in Sec.  1210.320 of 
the Plan. After consideration of all relevant material presented, 
including the information and recommendations submitted by the 
Committee and other available information, AMS has determined that this 
rule is consistent with and will effectuate the declared policy of the 
Act.
    Regarding the economic impact of the proposed rule on affected 
entities, neither the realignment of production districts nor the 
reduction in Board importer membership imposes any additional costs on 
industry members. The recommended changes are necessary to improve the 
Board's ability to ensure both a quorum at Board meetings and a 
sufficient number of potential nominees. Further, the accompanying 
reduction of importer seats from nine to seven provides for the 
equitable representation of producers, handlers and importers on the 
Board.
    Regarding alternatives, the Board considered three scenarios in 
realigning the districts. Scenario 1 proposed the following changes:
    Scenario 1:
    District 1--Remove the Florida counties of: Alachua, Baker, Bay, 
Bradford, Calhoun, Clay, Columbia, Duval, Escambia, Franklin, Gadsen, 
Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, 
Madison, Nassau, Okaloosa, Santa Rosa, St. Johns, Suwannee, Taylor, 
Union Wakulla, Walton, and Washington.
    District 2--Added Alabama, South Carolina, and the Florida counties 
of: Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Duval, 
Escambia, Franklin, Gadsen, Gulf, Hamilton, Holmes, Jackson, Jefferson, 
Lafayette, Leon, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, St. 
Johns, Suwannee, Taylor, Union Wakulla, Walton, and Washington.
    District 3--Alabama and South Carolina were moved to District 2, 
Missouri added from District 5.
    District 4--No changes proposed.
    District 5--Missouri moved to District 3.
    Scenario 2 proposed the following changes:
    Scenario 2:
    District 1--The State of Florida (no change);
    District 2--The States of Alabama, Georgia, and South Carolina 
(added Alabama and South Carolina from District 3);
    District 3--The States of Arkansas, Louisiana, Mississippi, 
Missouri, North Carolina, Oklahoma, Tennessee, and Texas (Alabama and 
South Carolina moved to District 2, Missouri added from District 5);
    District 4--The States of Connecticut, Delaware, Illinois, Indiana, 
Kentucky, Maryland, Massachusetts, Maine, Michigan, New Hampshire, New 
Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, 
West Virginia, Wisconsin, and Washington, DC (no change);
    District 5--The States of Alaska, Arizona, California, Colorado, 
Hawaii, Idaho, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and 
Wyoming (Missouri moved to District 3).
    In addition to realigning Districts 2, 3, and 5, Scenario 2 
proposes to reduce the number of importers on the Board from nine to 
seven.
    Scenario 3 proposed the following changes:
    Scenario 3:
    District 1--No changes proposed.
    District 2--Added Alabama, Arkansas, Louisiana, Mississippi, North 
Carolina, South Carolina, and Tennessee.
    District 3--Amended to include Connecticut, Delaware, Illinois, 
Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, 
Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and 
Wisconsin.
    District 4--Amended to include Alaska, Arizona, California, 
Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, 
North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, 
and Wyoming.
    Ultimately the Board recommended Scenario 2. In accordance with 
section 1210.320, the Board recommended the alignment proposed in 
Scenario 2 as described in this proposed rule because it would: (1) 
provide for a most proportional geographical representation on the 
Board for producers and handlers; (2) limit producer or handler 
vacancies on the Board; (3) increase the pool of candidates to be 
considered for appointment to the Board by the Secretary; and (4) make 
the number of importers on the Board more proportionate to the share of 
assessments paid.
    This proposed rule would not impose additional recordkeeping 
requirements on first handlers, producers, or importers of watermelons. 
Producers of fewer than 10 acres of watermelon and importers of less 
than 150,000 pounds of watermelon annually are exempt. There are no 
Federal rules that duplicate, overlap, or conflict with this proposed 
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 proposed 
rule would not result in a change to the information collection and 
recordkeeping requirements previously approved.
    AMS performed this Initial Regulatory Flexibility Analysis 
regarding the impact of this proposed amendment to the Plan on small 
entities and invites comments concerning potential effects of this 
amendment on small businesses.
    After consideration of all relevant material presented, including 
the information and recommendations submitted by the Committee and 
other available information, AMS has determined that this rule is 
consistent with and will effectuate the declared policy of the Act.

[[Page 45159]]

    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. All written comments received in response to 
this proposed rule by the date specified will be considered prior to 
finalizing this action.

List of Subjects in 7 CFR Part 1210

    Administrative practice and procedure, Advertising, Agricultural 
research, Consumer protection, Marketing agreements, Reporting and 
recordkeeping requirements, Watermelon.

    For the reasons set forth in the preamble, the Agricultural 
Marketing Service proposes to amend 7 CFR part 1210 as follows:

PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN

0
1. The authority citation for part 1210 continues to read as follows:

    Authority: 7 U.S.C. 4901-4916 and 7 U.S.C. 7401.

Subpart C--Rules and Regulations

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


Sec.  1210.501  Realignment of districts.

    In accordance with Sec.  1210.320(c) of the Plan, the districts 
shall be as follows:
    (a) * * *
    (b) District 2--The States of Alabama, Georgia, and South Carolina.
    (c) District 3--The States of Arkansas, Louisiana, Mississippi, 
Missouri, North Carolina, Oklahoma, Tennessee, and Texas.
    (d) * * *
    (g) District 5--The States of Alaska, Arizona, California, 
Colorado, Hawaii, Idaho, Iowa, Kansas, Minnesota, Montana, Nebraska, 
Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, 
Washington, and Wyoming.
0
3. Section 1210.502 is revised to read as follows:


Sec.  1210.502  Board members.

    The Board consists of 10 producers, 10 handlers, seven importers, 
and one public member appointed by the Secretary.

Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2025-18232 Filed 9-18-25; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on September 19, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.