Proposed Rule2026-18313
Watermelon Research and Promotion Plan; Realignment; Withdrawal of Proposed Rule
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 9, 2026
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) is withdrawing a proposed rule, published in the Federal Register on September 19, 2025, that proposed adjusting the Watermelon Research and Promotion Plan (Plan) by realigning several production districts and reducing the number of importers on the National Watermelon Promotion Board (Board) from nine to seven. USDA found the calculation used to justify the change in the number of importers to be legally insufficient and is therefore withdrawing the proposed rule.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 173 (Wednesday, September 9, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)]
[Proposed Rules]
[Page 57275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18313]
========================================================================
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. 91, No. 173 / Wednesday, September 9, 2026 /
Proposed Rules
[[Page 57275]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1210
[Doc. No. AMS-SC-25-0008]
Watermelon Research and Promotion Plan; Realignment; Withdrawal
of Proposed Rule
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing a
proposed rule, published in the Federal Register on September 19, 2025,
that proposed adjusting the Watermelon Research and Promotion Plan
(Plan) by realigning several production districts and reducing the
number of importers on the National Watermelon Promotion Board (Board)
from nine to seven. USDA found the calculation used to justify the
change in the number of importers to be legally insufficient and is
therefore withdrawing the proposed rule.
DATES: As of September 9, 2026, the proposed rule published on
September 19, 2025, at 90 FR 45155, is withdrawn.
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#e3a28f869b828d879182cda082919a8fa396908782cd848c95"><span class="__cf_email__" data-cfemail="440528213c252a2036256a0725363d2804313720256a232b32">[email 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#47102e2b2b2e262a690f282320223475073234232669202831"><span class="__cf_email__" data-cfemail="184f7174747179753650777c7f7d6b2a586d6b7c79367f776e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This withdrawal is issued under the
Watermelon Research and Promotion Plan (7 CFR part 1210), which is
authorized by the Watermelon Research and Promotion Act (7 U.S.C. 4901-
4916) (Act). The Board administers the Plan and is comprised of 30
members, including 10 producers, 10 handlers, nine importers, and one
public member.
This action withdraws a proposed rule published in the Federal
Register on September 19, 2025 (90 FR 45155), that would have adjusted
several production districts under the Plan for producer and handler
representation on the Board and reduced the number of importer seats on
the Board from nine to seven.
Section 1210.320(c) of the Plan requires the Board to review the
districts to determine whether realignment of the districts is
necessary at least every five years, giving consideration to: (1) The
most recent three years 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.
Section 1210.320(d) of the Plan specifies that importer
representation shall be proportionate to the annual average percentage
of assessments paid by importers, except that at least one
representative of importers shall serve on the Board. When reviewing
importer membership, Sec. 1210.320(e) of the Plan provides that every
five years the Secretary shall 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. In the proposed rule,
the calculation that served as the basis to reduce the number of
importers seats was based on the ratio of current importer seats to
current domestic seats. The calculation supported reducing the number
of importer seats from nine to seven, though the percentage of total
assessments paid by importers during the reviewed period (2021-2023)
went up 4% from the Board's previous review in 2020.
After further reviewing the calculations used to determine the
realignment of the Board as recorded in the proposed rule, the USDA has
found the methodology of those calculations to be flawed, resulting in
an underestimation of importer seats. Therefore, the USDA believes the
only viable option is to withdraw the proposed rule. AMS will engage
with the watermelon industry on next steps for realigning the Board's
membership, consistent with the Act and the Plan. Accordingly, the
proposed rule to realign the National Watermelon Promotion Board by
amending the Plan, that was published in the Federal Register on
September 19, 2025 (90 FR 45155), is hereby withdrawn.
List of Subjects in 7 CFR Part 1210
Administrative practice and procedure, Advertising, Agricultural
research, Consumer protection, Marketing agreements, Reporting and
recordkeeping requirements, Watermelon.
Authority: 7 U.S.C. 4901-4916 and 7 U.S.C. 7401.
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2026-18313 Filed 9-4-26; 8:45 am]
BILLING CODE 3410-02-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 9, 2026.
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.