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.

Proposed Rules Federal Register

64408 

Vol. 78, No. 209 

Tuesday, October 29, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1210 

[Document Number AMS–FV–11–0031] 

Watermelon Research and Promotion 

Plan; Importer Membership 

Requirements and Referendum Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule and referendum 

order. 

SUMMARY: This proposed rule would 

amend the Watermelon Research and 

Promotion Plan (Plan) importer 

membership requirements to serve on 

the National Watermelon Promotion 

Board (Board). The Board recommended 

eliminating the requirement that an 

importer import more than 50 percent of 

the total volume handled and imported 

in order to qualify as an importer 

member. This change would allow for 

additional parties to qualify as an 

importer member. This proposed rule 

also announces that the U.S. 

Department of Agriculture (USDA or 

Department) will conduct a referendum 

among eligible producers, handlers, and 

importers of watermelons to determine 

whether they favor the amendment to 

the Plan. 

DATES: The voting period for the 

referendum will be from January 13, 

2014 through January 27, 2014. To be 

eligible to vote, persons must have 

produced, handled, or imported 

watermelons during the representative 

period from January 1, through 

December 31, 2012, and must currently 

be a producer, handler, or importer of 

watermelons. Additionally, producers 

must be engaged in the growing of 10 

acres or more of watermelons and 

importers must import 150,000 or more 

pounds of watermelons annually. 

Importers who import less than 150,000 

pounds of watermelons annually and 

did not apply for and receive 

reimbursements of assessments during 

the representative period are eligible to 

vote in the referendum. The referendum 

will be conducted by mail ballot. Ballots 

must be received by the referendum 

agents no later than the close of 

business 4:30 p.m., Eastern daylightstandard time, January 27, 2014, to be 

counted. 

ADDRESSES: Copies of the proposed 

amendment may be obtained from: 

Referendum Agent, Promotion and 

Economics Division, Fruit and 

Vegetable Program, AMS, USDA, 1400 

Independence Avenue SW., Stop 0244, 

Room 1406–S, Washington, DC 20250– 

0244; telephone: (888) 720–9917 (toll 

free); fax: (202) 205–2800; or it can be 

viewed at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, U.S. 

Department of Agriculture, Stop 0244, 

1400 Independence Avenue SW., Room 

1406–S, Washington, DC 20250–0244; 

telephone: (888) 720–9917 (toll free); 

Direct line: 202–720–9915; facsimile: 

(202) 205–2800; or electronic mail: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Watermelon 

Research and Promotion Plan [7 CFR 

part 1210]. The Plan is authorized under 

the Watermelon Research and 

Promotion Act (Act) [7 U.S.C. 4901– 

4916]. 

A proposed rule was published in the 

Federal Register on February 13, 2013 

[78 FR 10104], with a thirty-day 

comment period which closed on March 

15, 2013. 

Pursuant to section 1655 of the Act, 

a referendum will be conducted among 

watermelon producers, handlers, and 

importers to determine whether they 

favor amending the Plan to eliminate 

the requirement that an importer import 

more than 50 percent of the total 

volume handled and imported in order 

to qualify as an importer member. 

The representative period for 

establishing voter eligibility for the 

referendum shall be the period from 

January 1 through December 31, 2012. 

Section 1653(b) of the Act requires that 

the amendment be approved by a 

majority of watermelon producers, 

handlers, and importers voting in the 

referendum. Only producers of 10 acres 

or more of watermelons, watermelon 

handlers, and importers of 150,000 or 

more pounds of watermelons annually, 

and importers who import less than 

150,000 pounds of watermelons 

annually and who did not apply for and 

receive reimbursements of assessments 

during the representative period will be 

eligible to vote in the referendum. The 

referendum shall be conducted by mail 

ballot from January 13, 2014 through 

January 27, 2014. Ballots must be 

received by the referendum agents no 

later than the close of business 4:30 

p.m., Eastern daylight-standard time, 

January 27, 2014, to be counted. 

Executive Order 12866 and 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, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated as a ‘‘nonsignificant regulatory action’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, the Office of Management 

and Budget (OMB) has waived the 

review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review revealed that 

this regulation would not have 

substantial and direct effects on Tribal 

governments and would not have 

significant Tribal implications. 

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. 

The Act allows producers, producerpackers, handlers, and importers 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 the law. In any 

petition, the person may request a 

modification of the Plan or an 

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Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules 64409 

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 (RFA) [5 U.S.C. 601– 

612], AMS has examined the economic 

impact of this rule on the small 

producers, handlers, and importers that 

would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

actions to the scale of businesses subject 

to such actions in order that small 

businesses will not be unduly or 

disproportionately burdened. 

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 

$7 million. Under these definitions, the 

majority of the producers, handlers, 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. 

USDA’s National Agricultural 

Statistics Service (NASS) data for the 

2012 crop year indicates that about 306 

hundredweight (cwt.) of watermelons 

were produced per acre within the 

United States. The 2012 grower price 

published by NASS was $13.30 per 

hundredweight. Thus, the value of 

watermelon production per acre in 2012 

averaged about $4,070 (306 cwt. x 

$13.30). At that average price, a 

producer would have to farm over 184 

acres to receive an annual income from 

watermelons of $750,000 ($750,000 

divided by $4,070 per acre equals 184). 

Accordingly, as previously noted, a 

majority of the watermelon producers 

would be classified as small businesses. 

Based on the Board’s data, using an 

average of the free on board (f.o.b.) price 

of $.181 per pound and the number of 

pounds handled in 2012, none of the 

watermelon handlers had receipts over 

the $7 million threshold. Therefore, the 

watermelon handlers would all be 

considered small businesses. A handler 

would have to ship over 38 million 

pounds of watermelons to be considered 

large (38,674,033 times $.181 f.o.b. 

equals $7 million). 

According to the Board, there are 

approximately 950 producers, 230 

handlers, and 137 importers who are 

required to pay assessments under the 

program. 

Based on the watermelon import 

assessments received for the year 2012, 

the United States imported watermelons 

worth over $237 million. The largest 

volume of watermelon imports came 

from Mexico which accounted for 86 

percent of the total volume in 2012. 

Other suppliers of imported 

watermelons are Guatemala at 9 percent 

and Honduras at 2 percent. The 

remaining 3 percent of imported 

watermelons came from Costa Rica, 

Nicaragua, Canada, Dominican 

Republic, and Panama. 

Based on the U.S. Customs and 

Border Protection (Customs) and Board 

data, it is estimated that there are about 

201 importers of watermelon. Not all of 

these importers are required to pay 

assessments under the program. Using 

2012 Customs data, all of the importers 

import less than $7.0 million worth of 

watermelon annually. Therefore, all of 

the watermelon importers would be 

considered small entities. 

The Board’s audit records show 

import assessments for the calendar 

years 2010, 2011, and 2012 at $746,043, 

$855,890, and $824,897 respectively. 

Based on this data, the three-year 

average of import assessments for 

watermelon totals $808,943 ($2,426,830 

divided by 3). This represents 

approximately 30 percent of the total 

assessments paid to the Board. 

Currently, the Board membership 

distribution consists of 14 producers, 14 

handlers, 8 importers, and 1 public 

member. A final rule that increased the 

number of importers on the Board was 

published in the July 18, 2011, Federal 

Register [76 FR 42009]. 

The Watermelon Research and 

Promotion Improvement Act of 1993 

amended the Watermelon Research and 

Promotion Act by adding importer 

members to the Board, among other 

things. At that time the industry 

recommended that, in order to qualify 

as an importer member on the Board, an 

individual that both handles and 

imports watermelons may vote for 

importer members and serve as an 

importer member if that person imports 

50 percent or more of the combined 

total volume of watermelons handled 

and imported by that person. A final 

rule was published in the Federal 

Register on February 28, 1995 [60 FR 

10795] containing this and other 

amendments to the program. 

At the time of this amendment there 

was a more clear division of roles 

among producers, handlers, and 

importers. In other words, those 

individuals that imported watermelons 

did not cross over into handling or 

producing watermelons as much as they 

do now. Since then, the industry has 

become more consolidated and of the 

137 importers required to pay 

assessments, 42 also handle 

watermelons and would be eligible to 

serve as either handler or importer 

member. 

At its February 26, 2011, meeting, the 

Board voted unanimously, to modify the 

importer eligibility requirements to 

serve on the Board. The Board is having 

difficulty finding eligible importers to 

serve on the Board because of the 

requirement in the Plan that a person 

who both imports and handles 

watermelons will be counted as an 

importer only if that person imports 50 

percent or more of the combined total 

volume of watermelons handled and 

imported by that person. The Board 

voted to eliminate the 50 percent or 

more requirement of the combined total 

volume of watermelons handled and 

imported by a person to allow more 

individuals to become eligible to serve 

on the Board as an importer. Individuals 

that both handle and import would be 

allowed to decide which part of the 

industry they would prefer to represent 

regardless of the volume handled or 

imported. The industry believes that 

this change would increase the importer 

representation on the Board by allowing 

more individuals to be eligible to serve. 

This action may also increase diversity 

on the Board. 

The Board considered a second 

alternative to change the 50 percent or 

more of the combined total volume of 

watermelons handled and imported by 

the person to 25 percent or more of the 

combined total volume of watermelons 

handled and imported by the person. 

However, the Board did not choose this 

option because they wanted to allow 

more importers to be eligible for 

nomination on the Board and found this 

purpose better served if they eliminated 

the percentage requirement altogether. 

By eliminating the percentage 

requirement for the importer member, 

this will allow for smaller importer 

businesses to become eligible to serve as 

an importer member on the Board. 

Section 1655 of the Act provides for 

referenda to be conducted to ascertain 

approval of changes to the Plan prior to 

going into effect. In order to implement 

the amendment to the Plan, the 

Secretary must determine that the 

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64410 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules 

amendment to the Plan has been 

approved by a majority of the producers, 

handlers, and importers of watermelons 

voting in the referendum. Accordingly, 

before this amendment is made to the 

Plan, a referendum will be conducted 

among eligible producers, handlers, and 

importers of watermelons. 

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 and assigned OMB 

number 0581–0093, except that the 

background form, has been approved 

under OMB number 0505–0001. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other programs. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

We have performed this Regulatory 

Flexibility Analysis regarding the 

impact of this amendment to the Plan 

on small entities, and we did not receive 

any comments on the analysis. 

Additionally, the estimated numbers in 

the RFA represents the total universe of 

watermelon producers, handlers, and 

importers and not those who may be 

eligible to vote in the referendum. 

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 reports. 

Importers are responsible for payment of 

assessments to the Board on 

watermelons imported into the United 

States through the U.S. Customs and 

Border Protection. This action would 

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 consists of 37 members: 14 

producers, 14 handlers, 8 importers, and 

1 public member. A final rule to 

increase the number of importers on the 

Board was published in the July 18, 

2011, Federal Register [76 FR 42009]. 

The Watermelon Research and 

Promotion Improvement Act of 1993 

amended the Watermelon Research and 

Promotion Act by adding importer 

members to the Board, among other 

things. At that time the industry 

recommended that, in order to qualify 

as an importer member on the Board, an 

individual that both handles and 

imports watermelons may vote for 

importer members and serve as an 

importer member if that person imports 

50 percent or more of the combined 

total volume of watermelons handled 

and imported by that person. A final 

rule was published in the Federal 

Register on February 28, 1995 [60 FR 

10795] containing this and other 

amendments to the program. At the time 

of this amendment there was a more 

clear division of roles among producers, 

handlers, and importers. In other words, 

those individuals that imported 

watermelons did not cross over into 

handling or producing watermelons as 

much as they do now. Since then, the 

industry has become more consolidated 

and of the 137 importers required to pay 

assessments 42 also handle watermelons 

and would be eligible to serve as either 

a handler or importer member. 

At its February 26, 2011, meeting, the 

Board voted unanimously to modify the 

importer eligibility requirements to 

serve on the Board. The Board is having 

difficulty finding eligible importers to 

serve on the Board because of the 

requirement in the Plan that a person 

who both imports and handles 

watermelon will be counted as an 

importer if that person imports 50 

percent or more of the combined total 

volume of watermelons handled and 

imported by that person. The Board 

voted to eliminate the 50 percent or 

more requirement of the combined total 

volume of watermelons handled and 

imported by a person to allow more 

individuals to become eligible to serve 

on the Board as an importer. Individuals 

that both handle and import would be 

allowed to decide which part of the 

industry they would prefer to represent 

regardless of the volume handled or 

imported. The industry believes that 

this change would increase the importer 

representation on the Board by allowing 

more individuals to be eligible to serve. 

This action may also increase diversity 

on the Board. 

Accordingly, the proposed rule would 

amend sections 1210.321(d) and 

1210.404(g) which reference importer 

eligibility requirements to be nominated 

to the Board. These sections would be 

revised to specify that a person who 

both imports and handles watermelons 

may participate in the nomination 

process and serve on the Board as either 

an importer or handler, but not both. 

Also, sections 1210.363(b) and 

1210.602(a) as published in the 

proposed rule have been modified to 

remove unnecessary language. These 

sections pertain to referenda; the 

language removed does not affect the 

way the referendum will be conducted 

or how the results will be determined. 

Thus, the changes to sections 

1210.363(b) and 1210.602(a) will not be 

voted on in the referendum. 

For the changes to sections 

1210.321(d) and 1210.404(g) of the Plan 

to become effective, the proposed 

amendment must be approved by a 

majority of eligible producers, handlers, 

and importers of watermelons voting in 

a referendum. Only producers of 10 

acres or more of watermelons; 

watermelon handlers, and importers of 

150,000 or more pounds of watermelons 

annually, and importers who import 

less than 150,000 pounds of 

watermelons annually and did not 

apply for and receive reimbursements of 

assessments during the representative 

period will be eligible to vote in the 

referendum. Accordingly, a referendum 

will be conducted among eligible 

producers, handlers, and importers of 

watermelons. The referendum will be 

conducted by mail ballot from January 

13, 2014 through January 27, 2014. 

Ballots must be received by the 

referendum agents no later than the 

close of business 4:30 p.m., Eastern 

daylight-standard time, January 27, 

2014, to be counted. 

A thirty-day comment period was 

provided to allow interested persons to 

respond to this proposal which was 

published in the Federal Register on 

February 13, 2013 [78 FR 10104]. Copies 

of the rule were made available through 

the Internet by the Department and the 

Office of the Federal Register. 

Additionally, the Board prepared a 

PowerPoint presentation on the 

proposed rule that was distributed 

through electronic mail to several 

watermelon State associations (Florida, 

North Carolina, South Carolina, 

Delaware, Maryland, Indiana and 

Illinois) and sent to the producers, 

handlers, and importers in its database. 

Also, the proposed rule was available on 

the Board’s Web site and it was 

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published on a news Web site. The 

comment period ended March 13, 2013. 

Sixteen comments were received by the 

deadline. 

Summary of Comments 

Of the 16 comments received, 14 

comments supported the proposed 

amendment. One comment was opposed 

to the watermelon program in general 

and was not within the scope of this 

rulemaking action. One comment 

discussed how the amendments were 

presented and made recommendations 

on writing the regulation so it is easier 

for the public to understand. 

In general, commenters supporting 

the amendment stated the change would 

allow more importers to be eligible to 

serve on the Board. One commenter 

stated this would allow the Board to fill 

vacant seats on the Board with qualified 

individuals who are interested in 

serving the watermelon industry. 

One commenter who supported the 

importer requirement change 

recommended adding a clause that the 

eligible importer should not import less 

than 10 percent of their total combined 

volume imported and handled. As 

previously mentioned, the Board 

considered reducing the 50 percent 

requirement to a lower level such as 25 

percent, so that persons who import and 

handle watermelons could serve on the 

Board as an importer if 25 percent of 

their combined volume was imported. 

However, the Board wants to allow 

more individuals to serve on the Board 

and thus recommended eliminating the 

percentage requirement altogether. No 

changes have been made to the 

proposed rule based on this comment. 

Another commenter who supported 

the proposed change suggested adding a 

clause to prevent a board member who 

imports less than 10 percent of 

watermelons to use their position to 

steer or direct the research and 

promotion activities to suit their 

personal needs. There are 37 Board 

members, and each member may vote 

on all budgets, marketing, research, and 

promotional activities as described in 

sections 1210.325 and 1210.328 of the 

Plan. Further, any action of the Board 

requires the concurring votes of a 

majority of those present and voting. No 

changes have been made to the 

proposed rule based on this comment. 

As mentioned above, one commenter 

recommended writing the regulation so 

that it is easier for the public to 

understand. The Department reviewed 

the recommendations and adopted some 

of them as discussed in the following 

paragraphs. 

The commenter suggested that section 

1210.321(d) of the Plan regarding 

nominations and selections be revised 

to be more informative and easier to 

understand. The Department agrees and 

has simplified the last portion of this 

section as published in the proposed 

rule to specify that all importers may 

participate in the nomination process. A 

person who both imports and handles 

watermelons may participate in the 

nomination process and serve on the 

Board as either an importer or handler, 

but not both. 

The commenter also suggested that 

section 1210.363(b) of the Plan which 

discusses suspension and termination 

be clarified. The Department agrees and 

has simplified the section to remove 

unnecessary language. The language 

removed does not affect the way the 

referendum will be conducted or how 

the results will be determined. Thus, the 

change to section 1210.363(b) will not 

be voted on in the referendum. 

The commenter also recommended 

revising the language of section 

1210.404(g) of the Plan which discussed 

the importer member nomination and 

selection. The Department agrees the 

language should be clarified and has 

revised the language to specify that a 

person who both imports and handles 

watermelons may participate in the 

nomination process and serve on the 

Board as either an importer or handler, 

but not both. 

The commenter also recommended 

revising section 1210.602(a) of the Plan 

regarding voting in a referendum. The 

Department agrees and has simplified 

the section to remove language that is 

not necessary. The language removed 

does not affect the way the referendum 

will be conducted or how the results 

will be determined. Thus, the change to 

section 1210.602(b) will not be voted on 

in the referendum. 

The commenter suggested changing 

the headings in sections 1210.321, 

1210.363, 1210.404 and 1210.602 to a 

question format to be more useful and 

easier for the public to understand. 

Regulations for research and promotion 

programs are used primarily by a sector 

of the public who are industry members 

familiar with the program or persons 

who administer the program’s day-today operations. Each program begins 

with an index that lists the sections of 

each program for ease of reference. 

Industry members and program 

administrators have found the format 

useful. Changing the format in the 

manner suggested would cause 

confusion. Thus, no changes to the 

proposed rule have been made based on 

this comment. 

The commenter also made suggestions 

to sections that were not included in the 

first proposed rule published in 

February 2013. The commenter 

recommended replacing the term 

‘‘Secretary’’ with the name of the office 

or official who takes action on the 

program. Section 1210.301 of the Plan 

defines Secretary to mean not only the 

Secretary of Agriculture, but also any 

person to whom the Secretary has 

delegated authority. Names of offices 

and titles change periodically within the 

Department and it would be inefficient 

and costly to engage in rulemaking to 

revise the terms in the Plan each time. 

Thus, no changes have been made to the 

proposed rule based on this comment. 

The commenter also recommended 

using the term ‘‘marketer’’ and defining 

it within the regulation to avoid 

repeating the terms ‘‘producer,’’ 

‘‘handler,’’ and ‘‘importer.’’ The 

commenter believes using the term 

marketer would be easier for the reader 

to understand. Producers, handlers, and 

importers perform different roles in the 

industry which are defined in sections 

1210.306, 1210.307, and 1210.314 

respectively in the Plan. Producers grow 

watermelons. Handlers perform 

functions like grading, packing, or 

processing and placing watermelons in 

channels of commerce. Importers import 

watermelons into the United States. In 

the field of agriculture, marketers are 

typically persons who sell product into 

channels of trade. Producers, handlers 

and importers do not all market 

watermelons, and categorizing all three 

as marketers would likely create 

confusion in the industry. The terms are 

also consistent with the Watermelon 

Research and Promotion Act. Thus, no 

changes have been made to the 

proposed rule based on this comment. 

For the proposed amendments to the 

Plan and to become effective, they must 

be approved by a majority of the eligible 

producers, handlers, and importers 

voting in the referendum. The proposed 

changes to the regulations will be made 

effective, if the proposed amendments 

to the Plan are approved in referendum. 

While the proposal set forth below 

has not received the approval of USDA, 

it is determined that the proposed 

amendment is consistent with and 

would effectuate the purposes of the 

Act. 

Referendum Order 

It is hereby directed that a referendum 

be conducted among eligible 

watermelon producers, handlers, and 

importers to determine whether they 

favor amending the Watermelon 

Research and Promotion Plan to 

eliminate the requirement that an 

importer import more than 50 percent of 

the total volume handled and imported 

in order to qualify as an importer 

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64412 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules 

member to serve on the National 

Watermelon Promotion Board. 

The referendum shall be conducted 

from January 13, 2014 through January 

27, 2014. The referendum agents will 

mail the ballots to be cast in the 

referendum and voting instructions to 

all known eligible watermelon 

producers, handlers, and importers 

prior to the first day of the voting 

period. Only producers of 10 acres or 

more of watermelon; watermelon 

handlers, and importers of 150,000 or 

more pounds of watermelons annually, 

and importers who import less than 

150,000 pounds of watermelons 

annually and did not apply for and 

receive reimbursements of assessments 

annually during the representative 

period will be eligible to vote in the 

referendum. Any eligible watermelon 

producers, handlers, and importers who 

do not receive a ballot should contact 

the referendum agent no later than one 

week before the end of the voting 

period. Ballots must be received by the 

referendum agents no later than the 

close of business 4:30 p.m., Eastern 

daylight-standard time, January 27, 

2014, to be counted. 

Jeanette Palmer, Sonia Jimenez and 

Marlene Betts, PED, FVP, AMS, USDA, 

Stop 0244, Room 1406–S, 1400 

Independence Avenue SW., 

Washington, DC 20250–0244, are 

designated as the referendum agents of 

the Department to conduct this 

referendum. The referendum procedures 

specified in sections 1210.600 through 

1210.607 of the Plan, which were issued 

pursuant to the Act, shall be used to 

conduct the referendum. 

List of Subjects in 7 CFR Part 1210 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Reporting and recordkeeping 

requirements, Watermelon promotion. 

For the reasons set forth in the 

preamble, part 1210, chapter XI of title 

7 is proposed to be amended as follows: 

PART 1210—WATERMELON 

RESEARCH AND PROMOTION PLAN 

■ 1. The authority citation for 7 CFR 

part 1210 continues to read as follows: 

Authority: 7 U.S.C. 4901–4916 and 7 

U.S.C. 7401. 

■ 2. In § 1210.321, paragraph (d) is 

revised to read as follows: 

§ 1210.321 Nomination and selection. 

* * * * * 

(d) Nominations for importer 

positions that become vacant may be 

made by mail ballot, nomination 

conventions, or by other means 

prescribed by the Secretary. The Board 

shall provide notice of such vacancies 

and the nomination process to all 

importers through press releases and 

any other available means as well as 

direct mailing to known importers. All 

importers may participate in the 

nomination process. A person who both 

imports and handles watermelons may 

participate in the nomination process 

and serve on the Board as either an 

importer or handler, but not both. 

* * * * * 

■ 3. In § 1210.363, paragraph (b) is 

revised to read as follows: 

§ 1210.363 Suspension or termination. 

* * * * * 

(b) The Secretary may conduct a 

referendum at any time and shall hold 

a referendum on request of the Board or 

at least 10 percent of the combined total 

of the watermelon producers, handlers, 

and importers to determine if 

watermelon producers, handlers, and 

importers favor termination or 

suspension of this Plan. The Secretary 

shall suspend or terminate this Plan at 

the end of the marketing year whenever 

the Secretary determines that the 

suspension or termination is favored by 

a majority of the watermelon producers, 

handlers, and importers voting in such 

referendum who, during a 

representative period determined by the 

Secretary, have been engaged in the 

production, handling, or importing of 

watermelons and who produced, 

handled, or imported more than 50 

percent of the combined total of the 

volume of watermelons produced, 

handled, or imported by those 

producers, handlers, and importers 

voting in the referendum. Any such 

referendum shall be conducted by mail 

ballot. 

* * * * * 

■ 4. In § 1210.404, paragraph (g) is 

revised to read as follows: 

§ 1210.404 Importer member nomination 

and selection. 

* * * * * 

(g) A person who both imports and 

handles watermelons may participate in 

the nomination process and serve on the 

Board as either an importer or handler, 

but not both. 

■ 5. In § 1210.602, paragraph (a) is 

revised to read as follows: 

§ 1210.602 Voting. 

(a) Each person who is an eligible 

producer, handler, or importer as 

defined in this subpart, at the time of 

the referendum and who also was a 

producer, handler, or importer during 

the representative period, shall be 

entitled to one vote in the referendum: 

Provided, That each producer in a 

landlord-tenant relationship or a 

divided ownership arrangement 

involving totally independent entities 

cooperating only to produce 

watermelons in which more than one of 

the parties is a producer, shall be 

entitled to one vote in the referendum 

covering only that producer’s share of 

the ownership. 

* * * * * 

Dated: October 21, 2013. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2013–25155 Filed 10–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 51 

[NRC–2012–0246] 

RIN 3150–AJ20 

Proposed Waste Confidence Rule and 

Draft Generic Environmental Impact 

Statement 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Rescheduling of public meeting. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has rescheduled to 

November 12 the Waste Confidence 

public meeting it initially planned to 

hold in Oak Brook, Illinois, on October 

24, 2013. The NRC postponed this 

meeting as a result of lapsed 

appropriations. The rescheduled 

meeting will allow the NRC to receive 

public comments on proposed 

amendments to the NRC’s regulations 

pertaining to the environmental impacts 

of the continued storage of spent 

nuclear fuel beyond a reactor’s licensed 

life for operation and prior to ultimate 

disposal (the proposed Waste 

Confidence rule) and the draft generic 

environmental impact statement 

(DGEIS), NUREG–2157, ‘‘Waste 

Confidence Generic Environmental 

Impact Statement,’’ that forms a 

regulatory basis for the proposed 

amendments. The meeting is open to the 

public, and anyone may attend. The 

NRC will publish notices for other 

postponed and rescheduled Waste 

Confidence public meetings as soon as 

practicable. 

DATES: The NRC plans to hold its 

rescheduled Waste Confidence public 

meeting in Oak Brook, Illinois, on 

November 12, 2013. This document 

contains specific meeting information in 

the SUPPLEMENTARY INFORMATION section. 

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