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, § 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.

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

91 FR 57275