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

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