[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Proposed Rules]
[Page 54809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28020]


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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / 
Proposed Rules  

[[Page 54809]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 966 and 980

[Docket No. FV97-966-1 PR]


Tomatoes Grown in Florida and Imported Tomatoes; Reopening of 
Comment Period on Changing Minimum Size and Size Designation 
Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Reopening of the comment period.

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SUMMARY: Notice is hereby given that the comment period on proposed 
changes in the minimum size and size designation requirements for 
Florida and imported tomatoes is reopened until November 5, 1997.

DATES: Comments must be received by November 5, 1997.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent in triplicate to the 
Docket Clerk, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, 
P.O. Box 96456, Washington, DC 20090-6456, Fax: (202) 720-5698. All 
comments should reference the docket number and the date and page 
number of this issue of the Federal Register and will be available for 
public inspection in the Office of the Docket Clerk during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: George Kelhart, Marketing Order 
Administration Branch, F&V, 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 compliance with this 
proposed regulation by contacting: Jay Guerber, Marketing Order 
Information 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.

SUPPLEMENTARY INFORMATION: A proposed rule was issued on October 2, 
1997, and published in the Federal Register (62 FR 52047; October 6, 
1997). The proposed rule would increase the minimum diameter size 
requirement for Florida and imported tomatoes from 2\8/32\ inches to 
2\9/32\ inches. For Florida tomatoes alone, the rule would change the 
size designations from Medium, Large, Extra Large to numeric size 
designations of 6  x  7, 6  x  6, and 5  x  6. The proposal also would 
slightly increase the diameter size ranges for the designated sizes. 
The comment period ended October 16, 1997.
    The Secretaria de Comericio Y Fomento Industrial (SECOFI) of Mexico 
requested that additional time be provided for interested persons to 
comment on the proposed rule. SECOFI stated that U.S. tomato imports 
from Mexico have accounted for over 30 percent of U.S. consumption 
during the marketing order season, on average, over the past 10 years, 
and that the proposed measures would have a direct and important impact 
on Mexican producers and exporters. SECOFI further stated that it first 
became aware of the proposal only after it was published in the Federal 
Register, and that Mexican producers were not given advance notice and 
allowed to prepare for the possible change. The request indicated that 
immediate implementation of the proposal could seriously disrupt 
Mexican exports.
    SECOFI also pointed out that Article 1802 of the North American 
Free Trade Agreement (NAFTA) requires that proposed regulatory measures 
affecting trade be published in advance, and that interested persons 
and the NAFTA country governments be provided a ``reasonable 
opportunity'' to comment on those proposed measures. SECOFI indicated 
that the 10-day time limit did not give a ``reasonable opportunity'' 
for comments, and requested that the comment period be extended for 60 
additional days.
    Providing an additional 60 days for comments would delay the final 
decision on these proposed measures until January of 1998. This is not 
acceptable because these measures, if adopted, should apply to as much 
of the 1997-98 domestic and import shipping seasons as possible. The 
Florida tomato industry has just begun harvesting, packing, and 
shipping 1997-98 season tomatoes, while Mexico exports to the U.S. each 
month of the year, with the most significant shipping period starting 
in mid-December.
    Article 909.1(a) of NAFTA generally requires at least a 60-day 
notice period prior to the adoption or modification of a technical 
regulation, but, for a technical regulation relating to perishable 
goods, a 30-day notice prior to adoption of a regulation can be used.
    After reviewing the situation, and in accordance with NAFTA, the 
Department is reopening the comment period for 20 additional days or 
until November 5, 1997. This will provide interested persons a total of 
30 days to review the proposed rule, perform a more complete analysis, 
and submit any written comments.
    This delay should not substantially add to the time required to 
complete this rulemaking action. Accordingly, the period in which to 
file written comments is reopened until November 5, 1997. This notice 
is issued pursuant to the Agricultural Marketing Agreement Act of 1937.

    Authority: 7 U.S.C. 601-674.

    Dated: October 17, 1997.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 97-28020 Filed 10-20-97; 8:45 am]
BILLING CODE 3410-02-P