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

52047

Vol. 62, No. 193

Monday, October 6, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966 and 7 CFR Part 980

[Docket No. FV97–966–1 PR]

Tomatoes Grown in Florida and

Imported Tomatoes; Proposed Rule To

Change Minimum Size and Size

Designation Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This proposal would increase

the minimum diameter size requirement

for Florida and imported tomatoes. For

Florida tomatoes alone, the rule would

change the size designations from

Medium, Large, and Extra Large to

numeric size designations of 6 × 7, 6 ×

6, and 5 × 6. The rule also would

slightly increase the diameter size

ranges for the designated sizes. The

marketing order regulates the handling

of tomatoes grown in Florida, and is

administered locally by the Florida

Tomato Committee (Committee). This

proposed rule would help the Florida

tomato industry meet domestic market

and industry demands, provide

handlers more marketing flexibility, and

increase returns to producers, as well as

provide consumers with slightly larger,

more mature tomatoes. Application of

the size requirement increase to

imported tomatoes is required under

section 8e of the Agricultural Marketing

Agreement Act of 1937.

DATES: Comments must be received by

October 16, 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 Division,

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

made available for public inspection in

the Office of the Docket Clerk during

regular business hours.

FOR FURTHER INFORMATION CONTACT:

Christian Nissen, Southeast Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 301

Third Street, N.W., Suite 206, Winter

Haven, Florida 33881; telephone: (941)

299–4770, Fax: (941) 299–5169; and

George Kelhart, Marketing Order

Administration Branch, Fruit and

Vegetable Division, 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 regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2525–S, P.O. Box 96456,Washington,

DC 20090–6456; telephone (202) 720–

2491, Fax: (202) 720–5698.

SUPPLEMENTARY INFORMATION: This

proposal is issued under Marketing

Agreement No. 125 and Marketing

Order No. 966, both as amended (7 CFR

part 966), regulating the handling of

tomatoes grown in certain designated

counties in Florida, 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 proposal has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This proposal

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.

Section 8e of the Act specifies that

whenever certain specified

commodities, including tomatoes, are

regulated under a Federal marketing

order, imports of those commodities

must meet the same or comparable

grade, size, quality, and maturity

requirements as those in effect for the

domestically produced commodity.

There are no administrative procedures

which must be exhausted prior to any

judicial challenge to the provisions of

import regulations issued under section

8e of the Act.

Under the order, tomatoes produced

in the production area and shipped to

fresh market channels outside the

regulated area are required to meet

grade, size, inspection, and container

requirements. These requirements are

specified in § 966.323 of the handling

regulations issued under the order.

These requirements apply during the

period October 10 through June 15 each

year. The regulated area is the entire

State of Florida, except the panhandle.

The production area is part of the

regulated area. Specialty packed red

ripe tomatoes, yellow meated tomatoes,

and single and double layer place

packed tomatoes are exempt from

container net weight requirements.

Under § 966.323, all tomatoes, except

for pear shaped, paste, cherry,

hydroponic, and greenhouse tomatoes,

must be inspected as specified in the

United States Standards for Grades of

Fresh Tomatoes (7 CFR part 51.1855

through 51.1877; standards). Such

tomatoes also must be at least 28/32

inches in diameter, and sized with

proper equipment in one or more of the

following ranges of diameters.

Size Designation

Inches

minimum

diameter

Inches

maximum

diameter

Medium ..................... 2 8/32 2 17/32

Large ......................... 2 16/32 2 25/32

Extra Large ............... 2 24/32 ................
52048 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

These size designations and diameter

ranges are the same as specified in

§ 51.1859 of the standards. All tomatoes

in the Medium size designation are

required to grade at least a U.S. No. 2,

while tomatoes in the larger size

designations are only required to grade

at least a U.S. No. 3. Section 966.52 of

the order provides authority for the

establishment and modification of

regulations applicable to the handling of

particular sizes and size designations of

tomatoes.

This rule would increase the

minimum diameter size requirement for

Florida tomatoes from 28⁄32 inches to

29⁄32 inches and would make

conforming changes to container

marking requirements and the

regulation for special packed tomatoes.

This rule would also rename the size

designations from Medium, Large, and

Extra Large to numeric size designations

of 6 X 7, 6 X 6, and 5 X 6 (respectively),

and increase the diameter size ranges for

the designated sizes. These size ranges

are different from those specified in

§ 51.1859 of the standards. On

September 5, 1997, the Committee met

and unanimously recommended these

changes. At the same meeting, the

Committee recommended by a vote of

10 to 2 to eliminate shipments of U.S.

No. 3 grade tomatoes from the regulated

area. That proposal will be addressed in

a separate rulemaking action.

Based on an analysis of markets and

demands of buyers, the Committee

believes that the increase in minimum

size would improve the marketing of

Florida tomatoes. By increasing the

minimum size, the tomatoes would be

slightly larger and, thus, more mature

when packed. This follows recent

industry trends to ship larger and more

mature tomatoes. New commercial

tomato varieties also have resulted in

larger sized tomatoes being shipped in

response to a strong consumer demand.

Because of this demand, production of

larger tomatoes has been a popular

method of improving returns among

producers as it also increases total

yields.

The Committee also recommended

the increase in minimum size

requirements to improve the uniformity

and appearance of tomato packs. The

slightly smaller tomatoes in the Medium

packs increase the size variability of the

pack and are more likely to be immature

and have less taste. The current

minimum size of 28⁄32 inches allows

these tomatoes to be combined with

more mature tomatoes, which lowers

the overall quality and price of the pack.

This has resulted in complaints from

buyers throughout the market.

In the mid-1980’s, Dr. Jeffrey K.

Brecht, at the University of Florida, did

a study of smaller tomatoes. According

to his findings, fully mature green

tomatoes begin coloring within a few

days of harvesting and ripen at 68

degrees Fahrenheit. Since they are not

easily identified by a surface indicator

(color) of full maturity in green fruit,

pickers are forced to rely on size rather

than maturity when harvesting

tomatoes. The result of this is that

tomatoes of 28⁄32 of an inch may require

two weeks or more to begin ripening.

Attainment of the full ripe stage requires

on average a week to 10 days additional

time. Hence, the full ripening process

could take as long as four weeks.

Tomatoes that take this long to ripen

after harvest have been shown to have

poor taste. Hence, increasing the

minimum size to 29⁄32 inches for

Medium tomatoes is expected to help

reduce this problem. Also, consumers

are demanding a slightly larger tomato

and smaller tomatoes with a less

uniform pack have poor consumer

acceptance especially in chain stores.

The increase in the minimum size

from 28⁄32 inches to 29⁄32 inches is not

expected to significantly affect the total

number of shipments. During the 1996–

1997 season, of the 47,879,084

containers of 25,000 pound equivalent

shipments, approximately 15 percent or

about 7,023,239 shipments of 25,000

pound equivalents from Florida were of

the Medium size designation. The

Medium size covers a range of 28⁄32 to

217⁄32 inches or about 9⁄32 of an inch.

The 1⁄32 increase in size requirements is

only expected to reduce total shipments

by approximately 1.5 percent.

The Committee also recommended

the following new designations and

tomato diameter size ranges:

Size designation

Inches

minimum

diameter

Inches

maximum

diameter

6 × 7 (Currently Medium) ...................... 29⁄32 219⁄32

6 × 6 (Currently

Large) .................... 217⁄32 227⁄32

5 × 6 (Currently Extra

Large) .................... 225⁄32

The current size designations have

been in place since 1991, and were

designed to provide a uniform basis for

marketing tomatoes. However, the

numeric designations have continued to

be used by marketers and retailers of

tomatoes and are an important factor in

negotiating price and other terms of

trade. Committee members stated that

numeric designations are used in

negotiating price and other terms of

trade and is the terminology used

primarily in marketing tomatoes.

Florida tomato handlers found that this

difference in terminology hindered their

negotiations with buyers, and adversely

affected handler and producer returns.

The handlers believe that buyers tend to

discount Florida tomatoes because the

buyers do not have confidence that the

Medium, Large, and Extra Large

designations correctly correspond with

the industry recognized size

designations of 6 × 7, 6 × 6, and 5 × 6.

Thus, the change in size designations

would put the Florida tomato industry

on the same terminology basis as the

marketers of tomatoes from other

growing areas. This also would reduce

the chances of market confusion and

possible problems with market pricing.

This rule would also increase the

minimum and maximum diameter

ranges of the three size designations.

The net increase for the maximum

diameters for the Medium (6 × 7) and

Large (6 × 6) size designations would be 1⁄32 inch. This would result in a 2⁄32’s

overlap in the maximum diameters in

these size designations to the next larger

size. According to the Committee, this

would provide a more even distribution

of tomato shipments throughout the

three size designations, which would

enable handlers to make better decisions

on which size of tomatoes to pack. For

instance, tomatoes that measure at the

top end of the Medium size can either

be packed with Medium size tomatoes

or as a smaller tomato with Large

tomatoes. The same increased flexibility

would exist for Large tomatoes packed

with Extra Large (5 × 6) tomatoes. Such

decisions could depend on specific

buyer or market demands, on general

crop size, and on condition of the

tomatoes and prices on each day of

packing.

According to the Committee,

problems have evolved in sizing some of

the newer varieties that are slightly

more oblong. To better accommodate

sizing of the new varieties, the

Committee recommended the changes to

the diameter size ranges for the three

size designations.

Due to strong consumer demand,

during the 1996–1997 season

approximately 80 percent of the

tomatoes sold were in the Extra Large (5

× 6) size designation. This rule would

increase the minimum diameter of the

Extra Large (5 × 6) designation to 225⁄32

inches from 224⁄32 inches with no

maximum. Increasing the minimum

diameter size of this designation by 1⁄32

inch for Extra Large (5 × 6) packs, would

reduce the number of smaller sized

tomatoes for that size designation.

Hence, this is expected to decrease size
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52049

variability and improve uniformity of

this premium pack. Thus,

improvements in this size category are

expected to further enhance consumer

demand resulting in increased returns to

producers. Also, a study conducted by Dr. John

J. VanSickle at the University of Florida,

estimates that size increases could result

in an increase in the overall price of

Florida tomatoes. The study indicates

that if increasing the size limits shifted

1 percent of the Extra Large (5 × 6)

tomatoes into the smaller size categories

then prices for Extra Large (5 × 6)

tomatoes would increase. The price of

Extra Large (5 × 6) tomatoes could

increase by .25 percent, the price of

Large (6 × 6) tomatoes by .15 percent,

and the price of Medium (6 × 7)

tomatoes by .07 percent. The increase in

price would occur because of the

redistribution of larger sized tomatoes

into the smaller size designations which

responds to consumer demand for a

more consistent pack and slightly larger

tomatoes.

This rule would also make

conforming changes to § 966.323

paragraphs (a)(2)(iii) concerning

container marking requirements and

(d)(3) for special packed tomatoes. This

would increase the currently applied

minimum size of 28⁄32 to 29⁄32 inches in

diameter.

Thus, these changes are expected to

increase returns to producers by

improving size consistency, quality, and

maturity, and, thus, encourage repeat

purchases from consumers. The new

size designations would allow handlers

to respond better to market preferences

which is expected to benefit producers

and handlers of Florida tomatoes.

Section 8e of the Act requires that

when certain domestically produced

commodities, including tomatoes, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, or maturity requirements

for the domestically produced

commodity. The current import

regulations are specified in 7 CFR

980.212. Similar to the order,

regulations apply during the period

October 10 through June 15 when the

Florida handling requirements are in

effect. Because this proposal would

increase the minimum size for domestic

tomato shipments, this increase would

be applicable to imported tomatoes. Florida tomatoes must be packed in

accordance with three specified size

designations, and tomatoes falling into

different size designations may not be

commingled in a single container. These

pack restrictions do not apply to

imported tomatoes. Because pack

requirements do not apply, different

sizes of imported tomatoes may be

commingled in the same container. However, the handling requirements

also specify that tomatoes that are

designated as Medium (6 X 7) must

meet a U.S. No. 2 grade, while the larger

sizes are required to meet a U.S. No. 3

grade. The more stringent grade

requirements are applied to the Medium

(6 X 7) size designation because of

quality problems with smaller tomatoes. Similarly, current import

requirements specify that all lots with a

minimum diameter of 2 17⁄32 inches and

larger shall meet at least a U.S. No. 3

grade. All other tomatoes shall meet at

least a U.S. No. 2 grade. Any lot with

more than 10 percent of its tomatoes

less than 2 17⁄32 inches in diameter is

required to grade at least U.S. No. 2.

This proposed rule would change these

requirements to reflect the changes to

the handling requirements by requiring

that all lots with a minimum diameter

of 2 19⁄32 inches and larger meet at least

a U.S. No. 3 grade. All other tomatoes

would need to meet at least a U.S. No.

2 grade. Any lot with more than 10

percent of its tomatoes less than 2 19⁄32

inches in diameter would have to grade

at least U.S. No. 2.

These changes are expected to benefit

the marketers of both Florida and

imported tomatoes by providing

consumers with better quality, higher

maturity, and slightly larger tomatoes.

The Department has contacted a few

tomato importers concerning imports.

The importers indicated that they are

importing larger sizes of tomatoes. Thus,

the Department believes that the

proposed increase will not limit the

quantity of imported tomatoes or place

an undue burden on exporters, or

importers of tomatoes. The expected

increase in customer satisfaction should

benefit all tomato importers regardless

of size.

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, the 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 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.

Import regulations issued under the Act

are based on those established under

Federal marketing orders which regulate

the handling of domestically produced

products.

There are approximately 65 handlers

of Florida tomatoes who are subject to

regulation under the order and

approximately 75 tomato producers in

the regulated area. In addition, at least

170 importers of tomatoes are subject to

import regulations and would be

affected by this proposed rule. Small

agricultural service firms have been

defined by the Small Business

Administration (SBA) (13 CFR 121.601)

as those having annual receipts of less

than $5,000,000, and small agricultural

producers are defined as those having

annual receipts of less than $500,000.

Committee data indicates that

approximately 20 percent of the Florida

handlers handle 80 percent of the total

volume. Based on this information, the

shipment information for the 1996–97

season, and the 1996–97 season average

price of $7.97 per 25,000 pound

equivalent carton, the majority of

handlers would be classified as small

entities as defined by the SBA. The

majority of producers of Florida

tomatoes may be classified as small

entities. The Department also believes

that most importers may be classified as

small entities.

Under § 966.52 of the Florida tomato

marketing order, the Committee has

authority to increase the minimum size

requirement and change the size

designations for Florida tomatoes grown

in the defined production area and

handled under the order. This proposed

rule, unanimously recommended by the

Committee at its September 5, 1997,

meeting, would increase the minimum

size, change size designations and

corresponding diameter size ranges. As

provided under the Agricultural

Marketing Agreement Act of 1937, the

proposed increases in the minimum

diameter size requirements would apply

to imported tomatoes.

Based on analysis of markets and

demands of buyers, the Committee

recommended increasing the minimum

size from 28⁄32 inches to 29⁄32 inches in

diameter and the corresponding

minimum sizes for the other two size

designations. The Committee believes

these size increases will improve the

marketing of Florida tomatoes. By

increasing the minimum sizes, the

tomatoes would be slightly larger and,

thus, more mature when packed. This

follows recent industry trends to ship

larger and more mature tomatoes.

Current trends in cultural practices and

new commercial tomato varieties also

have resulted in larger sized tomatoes

being shipped in response to consumer

demand for such tomatoes. Because of
52050 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

this demand, production of larger

tomatoes has been a popular method of

improving returns among producers as

it also increases total yields and total

pounds. While yields increase with

larger fruit, the labor costs associated

with picking these tomatoes remains

fairly constant because producers pick

relatively the same number of fruit.

The change in the minimum size was

recommended because demand for

larger tomatoes has increased over the

last five years. This in part is due to the

fact that size continues to be a major

influence on price. According to Dr.

John J. VanSickle of the University of

Florida, the percent of Extra Large (5 X

6) tomatoes shipped has increased

steadily since 1992–1993 from 43.2

percent to 50 percent in 1996–1997 for

mature green tomatoes. Mature green

tomatoes are green but are developed

enough to continue to fully ripen.

Meanwhile, the percent marketed in the

Extra Large (5 X 6) size for vine ripe

tomatoes has increased from 66.6

percent to 79.2 percent. Vine ripe

tomatoes have at least started to break

into color from green to tannish-yellow,

pink, or red.

The increase in the minimum size

from 28⁄32 inches to 29⁄32 inches is not

expected to significantly affect the total

number of Florida shipments. During

the 1996–1997 season, of the 47,879,084

shipments of 25,000 pound equivalents,

approximately 15 percent or about

7,023,239 shipments of 25,000 pound

equivalents from Florida were in the

minimum size designation of Medium.

The Medium size currently covers a

range of 28⁄32 to 217⁄32 inches or about

9/32 of an inch. Because Florida

tomatoes are sizing larger than in the

past, the proposed increase in size

requirements is expected to have a

minimal impact on total shipments. As

mentioned earlier, the expected

decrease is only about 1.5 percent.

Also, this rule would change the size

designations from Medium, Large, and

Extra Large to numeric size designations

of 6 X 7, 6 X 6, and 5 X 6. The rule also

would slightly increase the diameter

size ranges for the designated sizes.

The Committee stated that, absent a

change in the regulations, the erosion of

market confidence and producer income

could occur. Furthermore, the majority

of Committee members stated that

voluntary measures had not been

effective.

Direct costs associated with this rule

would be the purchase of new sizing

belts. Sizing belts convey and size fruit

during the packing process. Sizing belts,

depending on the amount of use, can

last a season or may need to be replaced

two to three times a season. Estimated

prices associated with these purchases

could range from $450.00 for a small

handler to $19,000 for very large

handlers. While there are short-term

costs associated with the new sizing

designations, the benefits are expected

to outweigh the costs.

A study conducted by Dr. John J.

VanSickle at the University of Florida,

estimates that size increases would

result in an increase in the overall price

for Florida tomatoes, and better returns

to producers. The study indicates that

increasing the size limits would shift

some of the Extra Large (5 × 6) tomatoes

into the smaller size categories. As a

result, a 1 percent decline in the volume

of Extra Large (5 × 6) tomatoes would

increase in price by .25 percent, the

price of Large (6 × 6) tomatoes by .15

percent, and the price of Medium (6 ×

7) tomatoes by .07 percent. The increase

in price would occur because of the

redistribution of larger sized tomatoes

into the smaller size designations which

responds to consumer demand for a

more consistent pack with slightly

larger tomatoes. The costs to the

industry associated with the minimum

size and size designation changes would

include purchases of new equipment

and adjustments to operate under the

new requirements. These costs are

expected to be minimal relative to the

benefits expected.

Returning to the previously used

numeric size designations should not

have a negative impact on any packer

regardless of size. This is a return to

common size designations (6 × 7, 6 × 6,

and 5 × 6) used throughout the industry,

and would help Florida handlers

respond to market and consumer

demand. The more standard size

designations should benefit both small

and large businesses in the industry.

This proposed rule may impose some

additional costs on handlers, and

producers. However, the costs are

expected to be minimal, and would be

offset by the benefits of the proposal.

This proposal is expected to similarly

impact importers of tomatoes as far as

the slight increase in minimum size is

concerned. The Committee believes that

this proposed modification would

benefit consumers, producers, handlers,

and importers. The benefits of this rule

are not expected to be

disproportionately greater or lesser for

small entities than for large entities.

The Committee discussed alternatives

to this recommendation, including

leaving the regulations as currently

issued. All Committee members agreed

that some change to the size

designations was necessary to improve

pack appearance and compete in the

present market. The amount of change

became a concern, with a portion of the

Committee favoring a larger size

increase and another portion favoring

small incremental moves over a period

of time. The Committee recommended a

compromise to allow individual packing

houses leeway to implement the amount

of change through a 2⁄32 overlap in sizes.

Mexico is the largest exporter of

tomatoes to the United States. Over the

last 10 years, Mexican exports to the

United States averaged 32,527

containers of 25,000 pound equivalents

per season (October 5–July 5) and

comprised about 99 percent of all

imported tomatoes to the United States

during that time. Total imports during

that period averaged 32,752 containers

of 25,000 pound equivalents (October 5–

July 5). Some of the imports from

Mexico may have been transhipped to

Canada. Domestic shipments or

consumption for the past 10 years

averaged 108,577 containers of 25,000

pound equivalents (October 5–July 5).

Florida shipments averaged 52,977

containers of 25 pound equivalents or

approximately 48 percent of the total

shipments or domestic consumption for

the same period. This information is

from AMS Market News Branch data

that most closely approximates the

Florida shipping season.

These changes are expected to benefit

the marketers of both Florida and

imported tomatoes by providing

consumers with better quality, higher

maturity, and slightly larger tomatoes.

The Department has contacted a few

tomato importers concerning imports.

The importers indicated that they are

importing larger sizes of tomatoes. Thus,

the Department believes that the

proposed increase will not limit the

quantity of imported tomatoes or place

an undue burden on exporters, or

importers of tomatoes. The expected

increase in customer satisfaction should

benefit all tomato importers regardless

of size.

This action would not impose any

additional reporting or record keeping

requirements on either small or large

handlers. As with all Federal marketing

order programs, reports and forms are

periodically reviewed to reduce

information requirements and

duplication by industry and public

sector agencies.

The Department has not identified

any relevant Federal rules that

duplicate, overlap or conflict with this

proposed rule.

In addition, the Committee’s meeting

was widely publicized throughout the

Florida tomato industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52051

Like all Committee meetings, the

September 5, 1997, meeting was a

public meeting and all entities, both

large and small, were able to express

views on this issue. Finally, interested

persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this proposed rule.

A 10-day comment period is provided

to allow interested persons to respond

to this proposal. Ten days is deemed

appropriate because this rule, if

adopted, needs to be in place as soon as

possible since handlers will begin

shipping tomatoes in October. In

addition, because of the nature of this

rule, handlers need time to adjust their

equipment and purchase new

equipment to accommodate the new

size ranges and designations. Florida

tomato handlers are aware of this issue,

which has been widely discussed at

various industry and association

meetings and was unanimously

recommended by the Committee. All

comments received in a timely manner

will be considered prior to finalization

of this rule.

List of Subjects in 7 CFR Part 966 and

7 CFR Part 980

Marketing agreements, Reporting and

record keeping requirements, Tomatoes.

For the reasons set forth in the

preamble, 7 CFR parts 966 and 980 are

proposed to be amended as follows:

PART 966—TOMATOES GROWN IN

FLORIDA

1. The authority citation for 7 CFR

part 966 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 966.323 is amended by

revising paragraphs (a)(1), (a)(2)(i) and

the table immediately following it,

(a)(2)(iii), and (d)(3) to read as follows:

§ 966.323 Handling regulation.

* * * * *

(a) Grade, size, container, and

inspection requirements.

(1) Grade. Tomatoes shall be graded

and meet the requirements specified for

U.S. No. 1, U.S. Combination, U.S. No.

2, or U.S. No. 3, of the U.S. Standards

for Grades of Fresh Tomatoes, except

that all shipments of 6 × 7 size tomatoes

must grade U.S. No. 2 or better. When

not more than 15 percent of the

tomatoes in any lot fail to meet the

requirements of U.S. No. 1 grade and

not more than one-third of this 15

percent (or 5 percent) are comprised of

defects causing very serious damage

including not more than 1 percent of

tomatoes which are soft or affected by

decay, such tomatoes may be shipped

and designated as at least 85 percent

U.S. No. 1 grade.

(2) Size. (i) All tomatoes packed by a

registered handler shall be at least 29⁄32

inches in diameter and shall be sized

with proper equipment in one or more

of the following ranges of diameters.

Tomatoes shipped outside the regulated

area shall also be sized with proper

equipment in one or more of the

following ranges of diameters.

Measurements of diameters shall be in

accordance with the methods prescribed

in § 51.1859 of the U.S. Standards for

Grades of Fresh Tomatoes.

Size Designation

Inches

Minimum

diameter

Inches

Maximum

diameter

6 × 7 .......................... 29⁄32 219⁄32

6 × 6 .......................... 217⁄32 227⁄32

5 × 6 .......................... 225⁄32 ................

* * * * *

(iii) Only 6 × 7, 6 × 6, 5 × 6, may be

used to indicate the above listed size

designations or containers of tomatoes.

* * * * *

(d) * * *

(3) For special packed tomatoes.

Tomatoes which met the inspection

requirements of paragraph (a)(4) of this

section which are resorted, regraded,

and repacked by a handler who has

been designated as a ‘‘Certified Tomato

Repacker’’ by the committee are exempt

from:

(i) The tomato grade classifications of

paragraph (a)(1) of this section;

(ii) The size classifications of

paragraph (a)(2) of this section, except

that the tomatoes shall be at least 29⁄32

inches in diameter; and

(iii) The container weight

requirements of paragraph (a)(3) of this

section.

* * * * *

§ 980.212 [Amended]

3. Section 980.212 is amended by

revising paragraph (b)(1) to read as

follows:

* * * * *

(b) * * *

(1) From October 10 through June 15

of each season, tomatoes offered for

importation shall be at least 29⁄32 inches

in diameter. Not more than 10 percent,

by count, in any lot may be smaller than

the minimum specified diameter. All

lots with a minimum diameter of 219⁄32

inches and larger shall be at least U.S.

No. 3 grade. All other tomatoes shall be

at least U.S. No. 2 grade. Any lot with

more than 10 percent of its tomatoes

less than 219⁄32 inches in diameter shall

grade at least U.S. No. 2.

* * * * *

Dated: October 2, 1997.

Robert C. Kenney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–26510 Filed 10–3–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–120–AD]

RIN 2120–AA64

Airworthiness Directives; De Havilland

Model DHC–8–100, –200, and –300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain de Havilland Model DHC–8–100,

–200, and –300 series airplanes. This

proposal would require repetitive

inspections of certain refuel/defuel tube

assemblies in the engine nacelles for

fuel leakage, and corrective action, if

necessary. It would also require

eventual modification of all tube

assemblies, which would terminate the

repetitive inspections. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent fuel leaks

and consequent increased risk of engine

fires.

DATES: Comments must be received by

November 5, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

120–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

Bombardier, Inc., Bombardier Regional

Aircraft Division, Garratt Boulevard,

Downsview, Ontario M3K 1Y5, Canada.