Melons Grown in South Texas; Change in Container Regulation

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 979

[Docket No. FV99-979-1 IFR]

Melons Grown in South Texas; Change in Container Regulation

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule changes the handling regulation

[[Page 23755]]

currently prescribed under the South Texas melon (cantaloupes and

honeydews) marketing order. The marketing order regulates the handling

of melons grown in South Texas and is administered locally by the South

Texas Melon Committee (committee). This rule changes the dimensions of

bulk containers used for shipping honeydew melons, requires these

containers to be octagonal or rectangular in shape, and adds a

dimension tolerance for that container. It also adds provisions

allowing the committee to approve the use of experimental containers

and melon shipments for experimental purposes, and removes two

experimental containers that have not been used by the industry for

several years. These changes were unanimously recommended by the

committee and are expected to enable handlers to compete more

effectively in the marketplace.

DATES: Effective May 5, 1999; comments received by July 6, 1999, will

be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this rule. Comments must be sent to the Docket Clerk, Fruit

and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S,

Washington, DC 20090-6456; Fax: (202) 720-5698; or E-mail:

[email protected]. 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, McAllen Marketing

Field Office, Marketing Order Administration Branch, F&V, AMS, USDA,

1313 E. Hackberry, McAllen, Texas 78501; telephone: (956) 682-2833,

Fax: (956) 682-5942; or George Kelhart, Technical Advisor, Marketing

Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA,

room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone:

(202) 720-2491, Fax: (202) 720-5698. Small businesses may request

information on complying with this regulation, or obtain a guide on

complying with fruit, vegetable, and specialty crop marketing

agreements and orders by contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O.

Box 96456, room 2525-S, Washington, DC 20090-6456; telephone (202) 720-

2491, Fax: (202) 720-5698, or E-mail: Jay.G[email protected]. You may

also view the marketing agreement and order small business compliance

guide at the following web site: http://www.ams.usda.gov/fv/moab.html.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing

Agreement No. 156 and Order No. 979 (7 CFR part 979), regulating the

handling of melons grown in South Texas, hereinafter referred to as the

``order.'' The marketing agreement and order are 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 rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule is not intended to have retroactive effect.

This 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 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 to review the Secretary's

ruling on the petition, provided an action is filed not later than 20

days after the date of the entry of the ruling.

This rule changes the dimensions and specifies the shapes of bulk

containers used for shipping honeydew melons, adds a dimension

tolerance for that container, adds procedures that allow the committee

to approve the use of experimental containers and melon shipments for

experimental purposes, and removes two experimental containers that

have not been used by the industry for several years. These changes are

expected to enable handlers to compete more effectively in the

marketplace, better meet market needs, and prevent confusion in the

industry. A subcommittee met on January 28, 1999, and unanimously

recommended that the committee approve these changes to the regulation.

The committee met and unanimously recommended the changes on March 30,

1999.

Section 979.52 authorizes the issuance of regulations for grade,

size, maturity, quality, and pack for any or all varieties of melons

during any period. Section 979.54 authorizes the issuance of

regulations that modify, suspend, or terminate requirements issued

under Secs. 979.42, 979.52, or 979.60 to facilitate the handling of

melons for special purposes. Section 979.55 requires adequate

safeguards to ensure that melons handled under Sec. 979.54 are used for

the stated purposes.

Changes to the Bulk Container Requirements for Honeydew Melons

Section 979.304 of the order's rules and regulations sets container

requirements for both cantaloupes and honeydew melons. Only honeydews

are authorized to be packed in bulk containers. Thus, these changes to

bulk container requirements do not apply to cantaloupes.

Currently, Sec. 979.304(b)(4) authorizes the use of a bulk

container for honeydew melons and specifies that the container be 48

inches long by 40 inches wide by 24 inches deep or similar dimensions.

The phrase ``or similar dimensions'' was included to provide

flexibility recognizing that the dimensions of containers sometimes are

a little less or more than those specified in the regulation. The

committee now believes, however, that the provisions are too flexible,

and that the lack of specificity could result in administrative,

compliance, and enforcement problems.

It now believes that a more precise tolerance is needed so that

there is no room for misinterpretation by the industry. The committee,

therefore, recommended removing the phrase ``or similar dimensions''

and adding in its place provisions establishing a dimension tolerance

of 1\1/2\ inch for each dimension. The 1\1/2\ inch tolerance for each

dimension for this container will allow handlers to pack honeydew

melons in containers with dimensions slightly different from the sizes

specified in the regulation. Identifying a specific dimension tolerance

in the regulation will prevent misunderstandings, and provide handlers

the flexibility to use bulk containers with slight dimension variations

when packing honeydew melons.

The committee also recommended allowing the depth of the bulk

container to range between 24 and 36 inches to permit melon handlers to

pack larger or a greater number of honeydew melons in the container, if

they desire. The

[[Page 23756]]

industry's need to pack larger or a greater number of honeydews in the

bulk container, depending on buyer or retailer needs, led to this

committee recommendation for increased container flexibility.

The committee further recommended that the shape of bulk containers

used for honeydew melons be rectangular or octagonal. Currently, these

are the only shapes used by handlers, and the limitation will not

impose an added burden on handlers. The change is expected to foster

compliance and simplify enforcement. Last season a total of 1,727 bulk

containers were shipped by the industry, compared to 1,655 containers

in 1997. Demand for bulk containers has increased in recent years

because their use results in reduced costs to receivers. Bulk bins can

be re-used, whereas other containers cannot. The cost of disposing of

used containers has increased.

Addition of Provisions Allowing the Committee To Approve the Use of

Experimental Containers and Melon Shipments for Experimental

Purposes

The market for both cantaloupes and honeydew melons continues to

undergo rapid changes. Buyers, retailers, and consumers continually

demand flexibility in container availability. The committee is always

looking for ways to strengthen and expand the market for melons.

Currently, except for an experimental honeydew pony carton that is

removed by this rule, there are no provisions in place allowing the

committee to approve melon shipments for experimental purposes nor in

experimental containers unless informal rulemaking is initiated. There

are times during the melon shipping season when the trade is interested

in receiving melons in containers other than those currently authorized

by the regulations. The industry currently uses only fiberboard

containers, and they are interested in experimenting with plastic bins.

Not being able to respond quickly to market demands for testing

different types of melon containers could cause the South Texas melon

industry to lose sales to competing melon-producing areas. Competition

from other melon production areas demands that the Texas melon industry

have the ability to quickly respond to buyer, retailer, and consumer

demands for new containers. The committee may become aware of the need

for new containers during the shipping season. The shipping season

normally runs from May 1 through June 20 each year. For the committee

to respond quickly to market needs for containers not currently

authorized, it should have flexibility to approve the use of

experimental containers whenever the need arises. Also, melon-producing

areas without marketing orders are not bound by container restrictions

and have the flexibility to use different types and sizes of containers

as needed by consumers and retailers. The added flexibility will allow

handlers to better meet buyers' needs.

In addition, the committee recommended that provisions be added to

the regulations to permit it to approve shipments for experimental

purposes to allow the industry to test different types of melon

shipments whenever needed to meet competition from other growing areas,

and buyers' needs. Some handlers have expressed an interest in

experimenting with the shipment of cantaloupe and honeydew melons in

the same container.

Establishing provisions in the regulations to allow the committee

to approve the use of experimental containers would allow the industry

to respond quickly to market needs for containers not currently

approved under the order's container regulations. Establishing

provisions in the regulations to allow the committee to approve

shipments for experimental purposes would allow the industry to test

different types of melon shipments when needed.

Safeguards for these types of shipments are currently specified in

paragraph (f) of Sec. 979.304. A handler wanting an exemption for an

experimental container or experimental use would apply to the committee

for a Certificate of Privilege. The Certificate would be issued by the

committee after consideration of the application. Handlers using a

Certificate of Privilege would then be required to report each exempt

shipment to the committee. This will enable the committee to easily

track such shipments, and ensure they are in compliance with the

order's rules and regulations.

Once the committee approves the use of experimental containers or

experimental shipments, the industry will be able to determine the

benefits and market acceptance of the containers and other types of

shipments. Also, allowing handlers to ship melons in test containers

will enable the committee to determine whether such containers should

be added to the permanent list of approved containers in the

regulations.

Removal of Two Experimental Containers

An experimental honeydew pony carton added in 1985 to paragraph

(e)(3) and a cantaloupe carton added in 1990 to paragraph (e)(4) in

Sec. 979.304 have not been used for several years. The committee,

therefore, recommended that they be removed from the handling

regulation.

Other Changes in the Regulations

Currently, in Sec. 979.304(c)(4) the name of one of the designated

inspection offices and the telephone area codes of the designated

inspection offices are incorrect. The name of the inspection office has

been changed to ``Texas Cooperative Inspection Program'' office and the

telephone area codes have changed from ``210'' to ``956''. The

committee recommended that the regulation be updated to reflect these

changes.

In addition, in Sec. 979.180 and Sec. 979.304, the word

``cantaloup'' is misspelled. To correct the misspelling, all references

to ``cantaloup'' should be changed to ``cantaloupe.''

Initial Regulatory Flexibility Analysis

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA), the Agricultural Marketing Service (AMS) has considered the

economic impact of this action on small entities. Accordingly, AMS has

prepared this initial regulatory flexibility analysis.

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 the 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 14 handlers of South Texas melons who are subject to

regulation under the marketing order and approximately 33 melon growers

in the regulated area. Small agricultural service firms 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

growers are defined as those having annual receipts of less than

$500,000.

Most of the handlers are vertically integrated corporations

involved in producing, shipping, and marketing melons. For the 1997-98

marketing year, 6,770 acres of production were shipped by the

industry's 14 handlers; the average acreage and median acreage handled

totaled 484 acres and 417 acres, respectively. In terms of production

value, total revenues from the 14

[[Page 23757]]

handlers were estimated to be $16.4 million.

The Rio Grande Valley melon industry is characterized by growers

and handlers whose farming operations generally involve more than one

commodity, and whose income from farming operations is not exclusively

dependent on the production of melons. Alternative crops provide an

opportunity to utilize many of the same facilities and equipment not in

use when the melon production season is complete. For this reason,

typical melon growers and handlers either double-crop melons during

other times of the year or produce alternate commodities, like onions.

Based on the SBA's definition of small entities, the committee

estimates that a majority of the 14 handlers regulated by the order

would be considered small entities if only their spring melon revenues

are considered. However, revenues from other productive enterprises

would likely push a large number of these handlers above the $5,000,000

annual receipt threshold. Of the 33 growers within the production area,

few have sufficient acreage to generate sales in excess of $500,000;

therefore, the majority of growers may be classified as small entities.

This rule changes the container regulation to accurately identify

the shapes and dimensions of bulk containers handlers use for shipping

honeydew melons, adds procedures allowing the committee to approve the

use of experimental containers and melon shipments for experimental

purposes, removes two experimental containers that have not been used

by the industry for several years, and makes several minor

modifications to update the regulations. These changes are expected to

enable handlers to compete more effectively in the marketplace, better

meet market needs, and prevent confusion. A subcommittee met on January

28, 1999, and unanimously recommended that the committee approve these

changes to the regulation. The committee met and unanimously

recommended the changes on March 30, 1999.

Section 979.52 authorizes the issuance of regulations for grade,

size, maturity, quality, and pack for any or all varieties of melons

during any period. Section 979.54 authorizes the issuance of

regulations that modify, suspend, or terminate requirements issued

under Secs. 979.42, 979.52, or 979.60 to facilitate handling of melons

for special purposes. Section 979.55 requires adequate safeguards to

ensure that melons handled under Sec. 979.54 are used for the stated

purposes.

At its meeting on March 30, 1999, the committee unanimously

recommended revising Sec. 979.304 as follows:

(1) Modify the bulk container to accurately identify the shapes and

dimensions of bulk containers used for shipping honeydew melons;

(2) Add provisions to allow the committee to approve the use of

experimental containers and melon shipments for experimental purposes;

(3) Remove two experimental containers that have not been used by

the industry for several years; and

(4) Make several minor modifications to update the regulations.

Changes to the Bulk Container Requirements for Honeydew Melons

Currently, Sec. 979.304(b)(4) authorizes the use of a bulk

container for honeydew melons and specifies that the container be 48

inches long by 40 inches wide by 24 inches deep or similar dimensions.

The committee recommended that the regulation specify that the bulk

containers be rectangular or octagonal, the types of containers

currently being used by the industry, in order to help administer the

program. Making the regulation more specific will foster compliance and

simplify enforcement. (Last season 1,727 of these bulk containers were

shipped by the industry.) Specifying the shape of the bulk container in

the regulation would clear up any misunderstanding that all shapes of

bulk containers may be used for shipping honeydew melons.

The regulation currently does not provide specific tolerances on

the container dimensions, and the committee does not know exactly how

``similar dimensions'' is being interpreted. Differences in

interpretation among handlers and the industry regarding the phrase

``or similar dimensions'' could cause problems enforcing the marketing

order program. A more precise tolerance is needed so that there is no

room for misinterpretation by the industry. In order to clarify the

industry's intentions, the committee recommended removing the phrase

``or similar dimensions'' and adding in its place, ``A tolerance of

1\1/2\ inch for each dimension shall be permitted.'' The committee

believes the recommendation to provide a 1\1/2\ inch tolerance for each

dimension on this container will provide handlers some flexibility,

with some preciseness, to pack honeydew melons in containers with

slightly different dimensions from the sizes specified in the

regulation. Identifying specific dimension tolerances in the regulation

would prevent possible misunderstanding and would give handlers the

flexibility to use bulk containers with slightly different dimensions

from the sizes specified in the regulation.

The committee also recommended increasing the depth allowance of

the bulk container by 12 inches to permit melon handlers to pack larger

or a greater number of honeydew melons in the container.

Adding tolerances to the dimensions of the currently approved bulk

container and increasing the depth allowance will allow the melon

industry to accept containers with slight dimension variations from box

manufacturers, which will give handlers additional flexibility.

The industry's need to pack larger or a greater number of honeydews

in the bulk container, depending on buyer or retailer needs, led to the

committee's recommendation to increase the depth allowance of the

container by an additional 12 inches to permit a range from 24 to 36

inches deep.

Addition of Provisions Allowing the Committee To Approve the Use of

Experimental Containers and Melon Shipments for Experimental

Purposes

The marketplace continues to undergo rapid changes. Buyers,

retailers, and consumers continually demand flexibility in container

availability. The committee is always looking for ways to strengthen

and expand the market for melons. Currently, except for an experimental

honeydew pony carton provision that is removed by this rule, there are

no procedures in place to allow the committee to approve melon

shipments for experimental purposes nor in experimental containers

unless they initiate informal rulemaking. There are times during the

melon shipping season when the trade is interested in receiving melons

in containers other than those currently authorized by the regulations.

The industry currently uses only fiberboard containers and they are

interested in experimenting with plastic bins. The committee does not

currently have the flexibility to react quickly to the need for

containers not currently approved for South Texas melon shipments. Not

being able to respond quickly to market demands for testing different

types of melon containers could cause the South Texas melon industry to

lose sales to competing melon-producing areas.

Competition from other melon production areas demands that the

Texas melon industry be able to quickly respond to buyer, retailer, and

consumer demands for new containers. Because

[[Page 23758]]

the melon regulatory period begins May 1 each year and runs through

June 20, the committee is not able to meet, approve regulatory changes,

and promptly complete the rulemaking process in order to approve

various types of experimental containers. The industry may not be aware

of the need for new containers until they are in the middle of their

shipping season. For the committee to respond quickly to market needs

for containers which are not currently authorized, it must have the

flexibility to approve the use of experimental containers whenever the

need arises. Also, melon-producing areas without marketing orders are

not bound by container restrictions and have the flexibility to use

different types and sizes of containers as needed by consumers and

retailers. The added flexibility will allow handlers to meet the

competition from other areas and better meet buyers' needs. In

addition, the committee recommended that provisions be added to the

regulations to permit it to approve shipments for experimental purposes

to allow the industry to test different types of melon shipments

whenever needed. As mentioned before, some handlers have expressed an

interest in experimenting with the shipment of cantaloupes and honeydew

melons in the same container.

Establishing provisions to allow the committee to approve the use

of experimental containers would allow the industry to respond quickly

to market needs for containers not currently approved under the order's

container regulations, and establishing procedures to authorize the

committee to approve shipments for experimental purposes would allow

the industry to test different types of melon shipments when needed.

Because the committee has established safeguards for these types of

experimental shipments under paragraph (f) of the handling regulation,

they will be able to easily track their use. Once the committee

authorizes the use of experimental containers or experimental

shipments, the industry will be able to determine the benefits and

market acceptance of the containers or other types of shipments. Also,

allowing handlers to ship melons in test containers will enable the

committee to determine whether such containers should be added to the

permanent list of approved containers.

Removal of Two Experimental Containers

Two experimental containers in (e)(3) (a honeydew pony carton added

in 1985) and (e)(4) (a cantaloupe carton added in 1990) are obsolete

and have not been used for several years, and the committee recommended

that they be removed from the handling regulation.

Other Changes in the Regulations

Currently, in Sec. 979.304(c)(4) the name and telephone area codes

of the inspection office are incorrect. The name of the inspection

office has been changed to ``Texas Cooperative Inspection Program''

office and the telephone area codes have changed from ``210'' to

``956.'' The committee recommended that the regulation be updated to

reflect these changes.

In Marketing Order No. 979 the correct spelling of ``cantaloupe''

is used, and in Sec. 979.180 and Sec. 979.304, ``cantaloup'' is

misspelled. To correct the misspelling and for consistency, all

references to ``cantaloup'' should be changed to ``cantaloupe.''

This rule change would permit the South Texas melon industry to

experiment with different types of containers prior to adding them to

their approved container list. The committee believes this would

effectively accommodate retailer and customer needs.

The committee recommended these changes to assist the consuming

public in receiving Texas melons in containers they desire. Permitting

the South Texas melon industry to experiment with different types of

containers without the need for rulemaking and adding tolerances to the

currently approved honeydew bulk container has small entity

orientation.

An alternative to the recommended changes would be to keep the

regulations as they are, however:

(1) It was the committee's desire to come up with a more workable

bulk honeydew container regulation to make it more precise and

eliminate potential problems. Not permitting a 1\1/2\ inch tolerance

for each dimension on the bulk container could prevent the industry

from marketing honeydew melons in containers which might be

manufactured slightly different from the sizes specified in the

regulation.

(2) Not permitting the committee to quickly approve shipments for

experimental purposes exempt from regulations or in experimental

containers without rulemaking could hinder the industry's ability to

quickly respond to market needs and prevent them from marketing more

melons. Not providing the committee the flexibility to quickly respond

to market demands for test containers or shipments could result in the

industry losing opportunities to other melon-producing areas.

(3) The two permanent experimental containers are no longer needed

because the containers have not been used for a number of years and a

new section is being added to make it possible for the committee to

quickly approve the use of experimental containers.

(4) Not updating the name and telephone numbers of the inspection

office to accurately reflect the correct information could cause

confusion in the industry.

Although authorizing melon shipments for experimental purposes and

the use of experimental containers would impose some additional

reporting and recordkeeping requirements on melon handlers, this would

be minimal. Currently, handlers making shipments of melons for special

purposes, including experimental, are required to obtain a Certificate

of Privilege to notify the committee of their intent to ship melons for

these purposes. Also, handlers must prepare a special purpose shipment

report on each shipment and forward it to the committee. The committee

estimates that approximately two to four handlers might request

approval for the use of experimental containers, which would increase

the total reporting and recordkeeping burden by approximately .1 to .2

hours, and this time is currently approved under OMB No. 0581-0178 by

the Office of Management and Budget (OMB) in accordance with the

Paperwork Reduction of 1995 (44 U.S.C. Chapter 35).

As with all Federal marketing order programs, reports and forms are

periodically reviewed to reduce information requirements and

duplication by industry and public sectors. In addition, the Department

has not identified any relevant Federal rules that duplicate, overlap

or conflict with this rule.

Further, the committee's meeting was publicized throughout the

melon industry and all interested persons were invited to attend the

meeting and participate in committee deliberations. Like all committee

meetings, the March 30, 1999, meeting was a public meeting and all

entities, both large and small, were able to express their views on

this issue. The committee itself is composed of 10 members, of which 9

are growers and handlers, and one represents the public. Also, the

committee has a subcommittee to review certain issues and make

recommendations to the committee. The subcommittee met on January 28,

1999, and discussed this issue in detail. The meeting was a public

meeting and both large and small entities were able to participate and

express their views. Finally, interested

[[Page 23759]]

persons are invited to submit information on the regulatory and

informational impacts of this action on small businesses.

After consideration of all relevant material presented, including

the committee's recommendation, and other information, it is found that

this interim final rule, as hereinafter set forth, will tend to

effectuate the declared policy of the Act.

This rule invites comments on changes to the handling regulation

currently prescribed under the South Texas melon marketing order. Any

comments received will be considered prior to finalization of this

rule.

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 requirements for bulk containers for

honeydew melons and provides additional opportunities for the industry

to ship melons; (2) the committee needs this rule to be in place for

the 1999 season beginning May 1, 1999, so the industry may take

advantage of these options; (3) the committee unanimously recommended

these changes at a public meeting and interested parties had an

opportunity to provide input; and (4) this rule provides a 60-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.

Sec. 979.180 [Amended]

2. In Sec. 979.180, the word ``cantaloups'' is revised to read

``cantaloupes'' everywhere it appears.

3. In Sec. 979.304, paragraphs (b)(4), (c)(4), and (e)(3) are

revised, paragraph (e)(4) is removed, and paragraph (e)(5) is

redesignated as paragraph (e)(4) to read as follows:

Sec. 979.304 Handling regulation.

* * * * *

(b) * * *

(4) Honeydew melons may be packed in rectangular or octagonal bulk

containers having dimensions of 48 inches long by 40 inches wide by 24

to 36 inches deep. A tolerance of 1\1/2\ inch for each dimension shall

be permitted.

* * * * *

(c) * * *

(4) Designated inspection stations will be located at the Texas

Cooperative Inspection Program Office, 1301 W. Expressway, Alamo (Phone

(956) 787-4091 or 6881) and the Matt Dietz Packing Co., 4700 N. Santa

Maria, Laredo (Phone (956) 723-9178 or 9170), to be available for

handlers who do not have permanent packing facilities recognized by the

committee.

* * * * *

(e) * * *

(3) Experimental shipments. (i) Upon approval by the committee,

melons may be shipped for experimental purposes exempt from the

container requirements specified in paragraph (b) of this section, but

shall meet the grade and inspection requirements of paragraphs (a) and

(c) of this section and the assessment requirements specified in

Sec. 979.219: Provided, That the melons are handled in accordance with

safeguard provisions of paragraph (f) of this section.

(ii) Upon approval of the committee, melons may be shipped for

testing in types and sizes of containers other than those specified in

paragraphs (b) and (e)(4) of this section: Provided, That the melons

are handled in accordance with the provisions of paragraph (f) of this

section.

* * * * *

4. In Sec. 979.304, the words ``cantaloup'', ``cantaloups'', and

``Cantaloups'' are revised to read ``cantaloupe'', ``cantaloupes'' and

``Cantaloupes'', respectively everywhere they appear.

Dated: April 28, 1999.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable Programs.

[FR Doc. 99-11077 Filed 5-3-99; 8:45 am]

BILLING CODE 3410-02-P