Tour bus had poor safety record before fatal crash

Federal inspectors over the last year found faulty axles and brakes and other safety violations on the tour bus that careened out of control on a winding mountain road near Yucaipa on Sunday evening, killing seven passengers, records show.

Maintenance citations of the tour buses owned by Scapadas Magicas of National City were numerous and serious enough that the company was placed on a federal watch list that flagged its buses for increased roadside inspections.

Bald tires, defective or missing axle parts, and insufficient brake linings were among 59 maintenance violations inspectors found on the firm's buses in the last two years, U.S. Department of Transportation safety records show.

PHOTOS: Tour bus crash

The tour bus was operating under a contract with InterBus Tours and Charters, based in Tijuana, which closed its office Monday, shortly after sending a busload of day tourists to Knott's Berry Farm. The Scapadas Magicas office in National City, in San Diego County, was not open Monday.

Maria McDade, who said she was Scapadas Magicas' administrator for more than 20 years before retiring last year, said none of the company's buses had ever been in an accident and, aside from a fine of $2,500, the company had complied with all U.S. Department of Transportation regulations.

"I feel really, really sad, but accidents happen," she said by walkie-talkie phone from her home in Tijuana. "I feel so sad for all these people." Current company officials could not be contacted for comment.

A message posted on InterBus' Facebook page expressed regret for the accident and told clients that its contractor was insured.

Sales Manager Jordi Garcia said the agency's insurance would be handling burial expenses for the deceased. He said the agency had been open for one year and offered daily trips to Disneyland, Six Flags Magic Mountain and Universal Studios. The trips attracted people from all walks of life, including students, families and young professionals.

"Big Bear is also very popular this time of year. They want to experience nature," he said. The daylong excursion cost $40, he said.

He said the business contracts with independently owned bus operators and that they are responsible for complying with all U.S. and Mexican regulations.

"We're only interested in their availability and the condition of their buses," he said, adding that the agency has never had a problem with any of the several operators with whom they contract.

The Scapadas bus left Tijuana early Sunday with 38 passengers, including children, and was descending California 38 from the ski resort town of Big Bear Lake when the driver apparently lost control about four miles from Yucaipa.

The bus clipped a small Saturn sedan before it veered into oncoming traffic and began to roll, tossing out passengers who were not wearing seat belts. It crushed an oncoming Ford pickup before coming to rest upright atop a boulder and10-foot elderberry bush on a stretch of highway along Mill Creek. Backpacks, clothing and body parts were strewn across the crash site and, on Monday morning, a body remain draped out one of the bus windows.

"It is a gruesome and horrible scene. It's one of the most horrific scenes I've ever seen in 10 years with the department," said Officer Leon Lopez, spokesman for the California Highway Patrol.

CHP officials were joined Monday by investigators from the National Transportation Safety Board at the scene of the accident, which occurred about 6:30 p.m. Sunday just north of the U.S. Forest Service ranger station in the San Bernardino National Forest. The highway was closed most of Monday.

The bus driver, as well as passengers, reported that the vehicle was experiencing mechanical problems before the accident occurred, authorities said. Investigators believe a problem with the brakes may have led the bus to speed out of control down the highway's sweeping curves.

On Monday, those officials questioned the driver, identified as Norberto B. Perez, 52, of San Ysidro, but did not disclose his account of the crash.

"Everything happened so fast. When the bus spun everything flew, even the people," passenger Gerardo Barrientos, who was sitting on the bus next to his girlfriend, told the Associated Press. "I saw many people dead. There are very, very horrendous images in my head, things I don't want to think about."

Ramon Ramirez, who is listed in documents as the owner of Scapadas Magicas, lives in Tijuana and rents an apartment in Chula Vista. No one answered the door at the Chula Vista residence.

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NJ Gov. Christie, Letterman laugh about fat jokes

TRENTON, N.J. (AP) — New Jersey Gov. Chris Christie and David Letterman have shared some laughs about the many fat jokes the comedian has made about the lawmaker's ample girth.

Christie has termed his plumpness "fair game" for comedians. And during his first appearance on "Late Show with David Letterman" on Monday, the outspoken Republican and potential 2016 presidential contender read two of Letterman's jokes that he said were "some of my personal favorites."

The governor also drew loud laughs when he pulled out a doughnut and started eating it while Letterman asked him if he was bothered by the digs that have been made about his weight. Christie said he wasn't, noting that he laughs at the jokes if he finds them funny.

"Late Show" airs on CBS at 11:35 p.m. Eastern time.

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Well: Expressing the Inexpressible

When Kyle Potvin learned she had breast cancer at the age of 41, she tracked the details of her illness and treatment in a journal. But when it came to grappling with issues of mortality, fear and hope, she found that her best outlet was poetry.

How I feared chemo, afraid
It would change me.
It did.
Something dissolved inside me.
Tears began a slow drip;
I cried at the news story
Of a lost boy found in the woods …
At the surprising beauty
Of a bright leaf falling
Like the last strand of hair from my head

Ms. Potvin, now 47 and living in Derry, N.H., recently published “Sound Travels on Water” (Finishing Line Press), a collection of poems about her experience with cancer. And she has organized the Prickly Pear Poetry Project, a series of workshops for cancer patients.

“The creative process can be really healing,” Ms. Potvin said in an interview. “Loss, mortality and even hopefulness were on my mind, and I found that through writing poetry I was able to express some of those concepts in a way that helped me process what I was thinking.”

In April, the National Association for Poetry Therapy, whose members include both medical doctors and therapists, is to hold a conference in Chicago with sessions on using poetry to manage pain and to help adolescents cope with bullying. And this spring, Tasora Books will publish “The Cancer Poetry Project 2,” an anthology of poems written by patients and their loved ones.

Dr. Rafael Campo, an associate professor of medicine at Harvard, says he uses poetry in his practice, offering therapy groups and including poems with the medical forms and educational materials he gives his patients.

“It’s always striking to me how they want to talk about the poems the next time we meet and not the other stuff I give them,” he said. “It’s such a visceral mode of expression. When our bodies betray us in such a profound way, it can be all the more powerful for patients to really use the rhythms of poetry to make sense of what is happening in their bodies.”

On return visits, Dr. Campo’s patients often begin by discussing a poem he gave them — for example, “At the Cancer Clinic,” by Ted Kooser, from his collection “Delights & Shadows” (Copper Canyon Press, 2004), about a nurse holding the door for a slow-moving patient.

How patient she is in the crisp white sails
of her clothes. The sick woman
peers from under her funny knit cap
to watch each foot swing scuffing forward
and take its turn under her weight.
There is no restlessness or impatience
or anger anywhere in sight. Grace
fills the clean mold of this moment
and all the shuffling magazines grow still.

In Ms. Potvin’s case, poems related to her illness were often spurred by mundane moments, like seeing a neighbor out for a nightly walk. Here is “Tumor”:

My neighbor walks
For miles each night.
A mantra drives her, I imagine
As my boys’ chant did
The summer of my own illness:
“Push, Mommy, push.”
Urging me to wind my sore feet
Winch-like on a rented bike
To inch us home.
I couldn’t stop;
Couldn’t leave us
Miles from the end.

Karin Miller, 48, of Minneapolis, turned to poetry 15 years ago when her husband developed testicular cancer at the same time she was pregnant with their first child.

Her husband has since recovered, and Ms. Miller has reviewed thousands of poems by cancer patients and their loved ones to create the “Cancer Poetry Project” anthologies. One poem is “Hymn to a Lost Breast,” by Bonnie Maurer.

Oh let it fly
let it fling
let it flip like a pancake in the air
let it sing: what is the song
of one breast flapping?

Another is “Barn Wish” by Kim Knedler Hewett.

I sit where you can’t see me
Listening to the rustle of papers and pills in the other room,
Wondering if you can hear them.
Let’s go back to the barn, I whisper.
Let’s turn on the TV and watch the Bengals lose.
Let’s eat Bill’s Doughnuts and drink Pepsi.
Anything but this.

Ms. Miller has asked many of her poets to explain why they find poetry healing. “They say it’s the thing that lets them get to the core of how they are feeling,” she said. “It’s the simplicity of poetry, the bare bones of it, that helps them deal with their fears.”

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Have you written a poem about cancer? Please share them with us in the comments section below.

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Justice Department sues S&P over mortgage bond ratings

The federal government is embarking on one of its most ambitious efforts to assign blame for the financial crisis, going after Wall Street's biggest credit rating firm for its role in pumping up the housing bubble.

The Justice Department filed a lawsuit late Monday in Los Angeles federal court against Standard & Poor's Corp. The suit accuses the company's analysts of issuing glowing reviews on troubled mortgage securities whose subsequent failure helped cause the worst financial crisis since the Great Depression.

The action marks the first federal crackdown against a major credit rater, and it signals an untested legal tack after limited success in holding the nation's banks accountable for the part they played in the crisis.

The government selected Los Angeles as the venue to file the lawsuit in part because it was one of the regions hardest hit when the bottom fell out of the housing market. Hundreds of thousands of California residents lost their homes to foreclosure, and others saw their wealth evaporate as properties plummeted in value.

"The DOJ is playing hardball and they're coming at the ratings agency in a very different direction with a potentially very powerful weapon to push S&P to the settlement table," said Jeffrey Manns, a law professor at George Washington University.

In addition to the Justice Department, several state attorneys general are investigating the ratings agency. States such as California and New York are expected to pursue their own investigations and legal action, people familiar with the matter said.

S&P has faced other lawsuits from investors and the states of Illinois and Connecticut.

California is expected to sue S&P under the state's False Claims Act, one person familiar with the matter said. The law makes it a crime to defraud the state, and damages of up to three times the amount of the claim can be awarded if the victim was an institutional investor, such as one of the state's pension funds.

The federal action does not involve any criminal allegations. Critics have complained that the government has yet to send any senior bankers or Wall Street executives to jail for potential illegal behavior that led to the crisis.

But civil actions typically require a much lower burden of proof.

Investors rely in part on rating agencies to decide what stocks, bonds or other securities to buy based on the agencies' recommendations about their safety. The three major raters – S&P, Moody's Investors Service and Fitch Ratings — have all been criticized for giving perfect AAA ratings to complex bonds in 2007 that later turned out to be nearly worthless.

It was not known why Standard & Poor's was singled out in the federal lawsuit.

The government and S&P have tangled before. The rating agency in August 2011 issued a historic downgrade of U.S. creditworthiness and threatened to lower it even further.

The two sides were reportedly in settlement talks that broke down during the past week. The ratings firm could face hundreds of millions of dollars in fines and new restrictions on its business model if found liable of civil violations.

S&P, which is a unit of publisher McGraw Hill, denounced the lawsuit in a detailed and strongly worded response. The company said the claims were unjustified, adding that it acted in "good faith" to warn the world about some of the securities that went belly up.

"A DOJ lawsuit would be entirely without factual or legal merit," the company said, adding that even the U.S. government "publicly stated that problems in the subprime market appeared to be contained."

The rating firm has steadfastly maintained that it was protected under the 1st Amendment to state an opinion about certain financial products. That argument may not hold up if federal or state investigators are able to prove that the ratings agency knowingly gave improper evaluations.

The lawsuit zeros in on a series of collateralized debt obligations that were created at the height of the housing boom in 2007, according to S&P. The value of these exotic mortgage securities was nearly wiped out when the subprime mortgages they were tied to imploded.

Lawrence J. White, an economics professor at New York University's business school, believes that the housing crisis could have been more contained if ratings agencies had been more careful.

"If they had been more conservative in their ratings, fewer bonds would have been sold, the interest rates would have been higher, fewer mortgages would have been granted," White said. "There would still have been a housing bubble, but it might not have been quite so severe."

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Russia, Iran support idea of talks in Syria

BEIRUT — A faint glimmer of hope of breaking the diplomatic standoff on Syria has emerged as two key allies, Russia and Iran, reacted positively to a leading opposition figure's surprise offer of conditional talks with the government of President Bashar Assad.

Officials from the two countries spoke approvingly of the offer at a global security meeting that ended Sunday in Munich, Germany. At the same time, Israel's defense minister seemed to acknowledge that his country was responsible for last week's airstrike on Syrian territory — an attack that Israel has not officially confirmed but which has raised the ominous specter of a wider regional war.

Defense Minister Ehud Barak told reporters at the Munich conference that the attack in Syria was "proof that when we say something, we mean it." The comment was widely interpreted as indirect confirmation that Israeli warplanes conducted the Wednesday strike, which reportedly targeted a Syrian arms convoy destined for the militant group Hezbollah, Syria's ally and Israel's avowed adversary.

His remarks somewhat overshadowed the potentially promising developments on the long-stalled diplomatic front. Both Russian Foreign Minister Sergei Lavrov and his Iranian counterpart, Ali Akbar Salehi, seemed to give their blessing to an effort by Syrian opposition figure Moaz Khatib to open talks with Assad.

"This is a very important step, particularly taking into account that the [opposition] coalition was created on a platform of categorical rejection of any conversation with the regime," Lavrov said, according to the Interfax news agency.

Moscow and Tehran are widely viewed as the only international interlocutors able to exert influence or pressure on Assad, who has vowed not to step down despite an almost two-year rebellion that has left tens of thousands dead, millions homeless and much of the country in ruins.

Khatib, who heads a Western-backed dissident coalition forged in November, broke a taboo among many opposition advocates and declared last week that he would be willing to speak with Assad's representatives under two conditions — the release of 160,000 Syrian prisoners and the renewal of passports for Syrian exiles. Khatib first made the offer in a Facebook posting, then reiterated it in Munich, where he met with high-ranking Iranian, Russian and U.S. officials, including Vice President Joe Biden.

"As a gesture of goodwill, we say, just to ease the pain of the Syrian people … we are ready to sit at the negotiating table with the regime," Khatib told reporters, adding that he still favored overthrowing Assad "by peaceful means."

Despite the offer, no breakthrough in Syria appears imminent. Many obstacles remain. There are no scheduled negotiations as the fighting drags on.

The United States and its allies, including Turkey and Saudi Arabia, have insisted that Assad must go, a condition rejected by Russia, which has used its veto power on three occasions in the United Nations Security Council to block international action against Assad.

In Munich, Biden reiterated the White House position that "President Assad, a tyrant hell-bent on clinging to power, is no longer fit to lead the Syrian people and he must go."

On the battlefield, however, many experts see a stalemate in which neither side can prevail. The rise of Islamic militants among the fragmented rebel battalions has troubled the White House and helped scuttle proposals to provide sophisticated weaponry to opposition forces.

Meanwhile, Khatib's suggestion of talks with Damascus has caused a backlash among fellow dissidents who insist that Assad must resign before any negotiations can take place. Some have even accused Khatib — a respected Sunni Muslim preacher and an engineer from a well-known family of Islamic scholars in Damascus — of selling out a sacred cause.

Amid the outcry, Khatib said he was speaking for himself, not for the umbrella group that he heads, the National Coalition of Syrian Revolutionary and Opposition Forces. But any formal talks with the Assad government would presumably require the approval of the full coalition.

The Syrian government does not seem likely to comply with Khatib's demands for a wholesale release of prisoners and the renewal of the passports of many of its most bitter expatriate critics. Damascus has yet to comment publicly on Khatib's offer of talks. Assad recently renewed calls for dialogue with the opposition, but he has repeatedly excluded "terrorists," a term he has used broadly against both rebel fighters and their political supporters.

Still, both Russia and Iran seemed to view Khatib's offer as an encouraging development. In private, officials in Moscow and Tehran have reportedly voiced concerns that sticking with Assad could have disastrous consequences if he is ultimately overthrown.

Lavrov was quoted Saturday as saying that Khatib's offer demonstrated that "realism has prevailed." He added, "Of course, this does not guarantee that a dialogue will begin, at least because the opposition does not have a negotiating team."

Iran's Salehi called Khatib's initiative "a good step forward," adding that he had a "very good meeting" with Khatib in Munich. The Iranian diplomat backed the idea of the opposition and the government entering into negotiations for new elections in Syria.

Meanwhile, violence continued to rage in Syria, especially in the embattled northern city of Aleppo. The historic city, which had been the nation's economic hub, is gradually being destroyed amid a battle for control by rebel and government forces that began in July.

On Sunday, opposition activists reported that government rockets hit a five-story residential building in the rebel-held Ansari district, killing at least nine people, according to the Syrian Observatory for Human Rights, a British-based pro-opposition group. The group also said that rebels had executed four men in Aleppo accused of complicity with government security services.

In addition, the group confirmed reports in the state-run press that rebels in Aleppo killed a former member of parliament, Ibrahim Azooz, his wife and two daughters. The opposition group said the four were "summarily executed."

In a statement, Assad accused Israel of trying to "destabilize and weaken Syria," and vowed that the nation would repel "aggression."

For the first time, state television aired footage of what it said was a scientific research center outside Damascus bombed by the Israelis. Western sources have described the target as an arms convoy. Footage showed a beige building with broken windows and other damage, along with destroyed vehicles outside that may have suffered direct hits.

Times staff writer Edmund Sanders in Jerusalem contributed to this report.

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Looks Like Alicia Keys Will Play Piano During Super Bowl National Anthem

Alicia Keys woke up on Super Bowl Sunday and apparently had the urge to tweet, sharing a rehearsal photo of herself behind a piano in an empty Mercedes-Benz Superdome.

Keys, who was just named Blackberry’s global creative director, will sing “The Star-Spangled Banner” before kickoff and the photo suggests she’ll do so while playing piano.

[More from Mashable: Super Bowl 2013 Commercials: Watch Them All Here]

If Keys does pound the keys tonight, she will be the first musician to do so during a Super Bowl national anthem performance since Billy Joel in 2007 (see video in gallery below).

Update: Keys also tweeted the red dress she’ll wear during her performance.

[More from Mashable: Beyonce’s Super Bowl Show in 10 Fierce Photos]

Kelly Clarkson sang the national anthem in 2012, a year after Christina Aguilera flubbed the song’s lyrics at the previous Super Bowl (watch below). Other past performers include Whitney Houston, Garth Brooks, Mariah Carey, Faith Hill, Neil Diamond, Diana Ross, Jewel, Harry Connick Jr., Dixie Chicks and Cher.

Keys, a 14-time Grammy winner, will embark on a North American concert tour in March. Her fifth studio album, Girl on Fire, debuted atop the Billboard 200 albums chart in November.

Keys is set to perform the national anthem at 6:30 p.m. ET on CBS.

Click here to view the gallery: Previous National Anthem Singers at the Super Bowl

Image via Pascal Le Segretain/Getty Images

This story originally published on Mashable here.

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Beyonce electrifies at Super Bowl halftime show

If naysayers still doubted Beyonce's singing talents — even after her national anthem performance this week at a press conference — the singer proved she is an exceptional performer at the Super Bowl halftime show.

Beyonce opened and closed her set belting songs, and in between she danced hard and heavy — and better than most contemporary pop stars.

She set a serious tone as she emerged onstage in all black, singing lines from her R&B hit "Love on Top." The stage was dark as fire and lights burst from the sides. Then she went into her hit "Crazy In Love," bringing some feminine spirit to the Superdome as she and her background dancers did the singer's signature booty-shaking dance. Beyonce ripped off part of her shirt and skirt. She even blew a kiss. She was ready to rock, and she did so like a pro.

Her confidence — and voice — grew as she worked the stage with and without her Destiny's Child band mates during her 13-minute set, which comes days after she admitted she sang to a pre-recorded track at President Barack Obama's inauguration less than two weeks ago.

Beyonce proved not only that she can sing, but that she can also entertain on a stage as big as the Super Bowl's. The 31-year-old was far better than Madonna, who sang to a backing track last year, and miles ahead of the Black Eyed Peas' disastrous set in 2011.

Beyonce was best when she finished her set with "Halo." She asked the crowd to put their hands toward her as she sang the slow groove on bended knee — and that's when she the performance hit its high note.

"Thank you for this moment," she told the crowd. "God bless y'all."

Her background singers helped out as Beyonce danced around the stage throughout most of her performance. There was a backing track to help fill in when Beyonce wasn't singing — and there were long stretches when she let it play as she performed elaborate dance moves.

She had a swarm of background dancers and band members spread throughout the stage, along with videotaped images of herself dancing that may have unintentionally played on the live-or-taped question. And the crowd got bigger when she was joined by her Destiny's Child band mates.

Kelly Rowland and Michelle Williams popped up from below the stage to sing "Bootylicious." They were in similar outfits, singing and dancing closely as they harmonized. But Rowland and Williams were barely heard when the group sang "Independent Woman," as their voices faded into the background.

They also joined in for some of "Single Ladies (Put a Ring On It)," where Beyonce's voice grew stronger. That song featured Beyonce's skilled choreography, as did "End of Time" and "Baby Boy," which also showcased Beyonce's all-female band, balancing out the testosterone levels on the football field.

Before the game, Alicia Keys performed a lounge-y, piano-tinged version of the national anthem that her publicist assured was live. The Grammy-winning singer played the piano as she sang "The Star Spangled Banner" in a long red dress with her eyes shut.

She followed Jennifer Hudson, who sang "America the Beautiful" with the 26-member Sandy Hook Elementary School chorus. It was an emotional performance that had some players on the sideline on the verge of tears. Hudson also sang live, her publicist said.

The students wore green ribbons on their shirts in honor of the 20 first-graders and six adults who were killed in a Dec. 14 shooting rampage at the school in Newton, Conn.

The students began the song softly before Hudson, whose mother, brother and 7-year-old nephew were shot to death five years ago, jumped in with her gospel-flavored vocals. She stood still in black and white as the students moved to the left and right, singing background.

___

Follow Mesfin Fekadu on Twitter at http://twitter.com/MusicMesfin

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Medicines Co. Licenses Rights to Cholesterol Drug

The drug, known as ALN-PCS, inhibits a protein in the body known as PCSK9. Such drugs might one day be used to treat millions of people who do not achieve sufficient cholesterol-lowering from commonly used statins, such as Lipitor.

The Medicines Company will pay $25 million initially and as much as $180 million later if certain development and sales goals are met, under the deal expected to be formally announced Monday. It will also pay Alnylam, which is based in Cambridge, Mass., double-digit royalties on global sales.

That is small payment for a drug with presumably a huge potential market, probably reflecting that Alnylam is still in the first of three phases of clinical trials, well behind some far bigger competitors.

The team of Sanofi and Regeneron Pharmaceuticals is already entering the third and final stage of trials with their PCSK9 inhibitor, as is Amgen. Pfizer and Roche are in midstage trials.

ALN-PCS is different from the other drugs. It uses a gene-silencing mechanism called RNA interference, aimed at shutting off production of the PCSK9 protein. The other drugs are proteins called monoclonal antibodies that inhibit the action of PCSK9 after it has been formed.

Alnylam and the Medicines Company hope that turning off the faucet, as it were, will be more efficient than mopping the floor, allowing their drug to be given less frequently and in smaller amounts.

But that has yet to be proved. No drug using RNA interference has reached the market.

The Medicines Company, based in Parsippany, N.J., generates almost all of its revenue from one product — Angiomax, an anticlotting drug used when patients receive stents to open clogged arteries.

Dr. Clive A. Meanwell, chief executive of the company, said that PCSK9 inhibitors are likely to be used at first mainly by patients with severe lipid problems under the care of interventional cardiologists, the same doctors who use Angiomax. “It really is quite adjacent to what we do,” he said.

The Medicines Company licensed Angiomax from Biogen Idec, where the drug was invented and initially developed under a team led by Dr. John M. Maraganore, who is now the chief executive of Alnylam.

“It’s a bit like getting the band back together,” Dr. Maraganore said.

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U.S.-Mexico trade war over tomatoes appears to have been averted

American and Mexican tomato growers appear to have avoided a trade war — the U.S. Commerce Department has released a draft of an agreement governing the price of tomato imports from Mexico.

U.S. growers in Florida had accused their Mexican counterparts of selling their tomatoes below fair market value, a practice known as dumping.

The new agreement, which sets a minimum wholesale price for tomatoes, would replace a trade pact that went into effect 17 years ago.

Francisco Sanchez, the undersecretary of commerce for international trade, said in a statement Saturday that the agreement puts in place "robust enforcement that will allow American workers and the U.S tomato industry to compete on a level playing field."

In the last decade, U.S. growers found themselves competing heavily with Mexico. That country's exports of tomatoes to the U.S. reached $1.81 billion in 2011, more than quadruple the $412 million in 2000.

Eager to continue exports and sales of their tomatoes, Mexican tomato growers and importers worked with Commerce Department officials on drafting an agreement.

The plan, open to public comment until Feb. 11, would raise the wholesale price for tomatoes and strengthen anti-dumping enforcement.

One provision of the agreement, expected to take effect March 4, creates a reporting mechanism to monitor the price of production by Mexican growers.

Martin Ley, a Mexican tomato grower involved in the negotiations, said the agreement was made possible by steep concessions on the part of Mexican tomato producers.

"Getting to this moment no doubt required significant compromise by the Mexican growers," he said in a statement. "Even though no dumping or injury to the U.S. industry was demonstrated by our competitors, over the last year our growers worked with our government to overhaul the whole Mexican industry, broaden the coverage and develop tough enforcement schemes.

"While concessions on price will impose hardships on our industry, we are hopeful that over the long run we will be able to continue to supply the United States with what are acknowledged to be the best tomatoes in the market."

Late last month, a study, paid for by a Mexican tomato trade group, predicted that the price of winter tomatoes would have doubled if Mexican imports were excluded from the U.S. market. The study, released by the Fresh Produce Assn. of the Americas, projected that the price of hothouse round tomatoes, for instance, would have risen from $2.02 a pound to almost $4 a pound.

U.S. growers appeared to back the agreement but held firm to their assertion that Mexico was dumping its tomatoes.

With the agreement, "we're hopeful and optimistic that we'll be able to compete under fair trade conditions," Edward Beckman, president of Certified Greenhouse Farmers, said in a statement. "Much work remains to have the agreement fully and faithfully implemented, and continuous monitoring and enforcement will be critical."

ricardo.lopez2@latimes.com

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Noted sniper shot dead at Texas gun range

GLEN ROSE, Texas—

Former Navy SEAL and “American Sniper” author Chris Kyle was fatally shot along with another man Saturday on a Texas gun range, a sheriff told local newspapers.

Erath County Sheriff Tommy Bryant said Kyle, 38, and a second man were found dead at Rough Creek Lodge's shooting range west of Glen Rose, according to the Fort Worth Star-Telegram and Stephenville Empire-Tribune. Glen Rose is about 50 miles southwest of Fort Worth.

Bryant did not immediately return phone calls to The Associated Press seeking comment late Saturday and early Sunday. A woman who answered the phone at the lodge where the shooting occurred declined comment and referred calls to the sheriff's office.

Investigators did not immediately release the name of the second victim, according to the newspapers.

Witnesses told sheriff's investigators that a gunman opened fire on the men around 3:30 p.m. Saturday, then fled in a pickup truck belonging to one of the victims, according to the Star-Telegram. The newspapers said a 25-year-old man was later taken into custody in Lancaster, southeast of Dallas, and that charges were expected.

Lancaster police did not immediately return calls for comment.

The motive for the shooting was unclear.

Kyle wrote the best-selling book, “American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History,” detailing his 150-plus kills of insurgents from 1999 to 2009.

Kyle was sued by former Minnesota Gov. Jesse Ventura over a portion of the book that claims Kyle punched Ventura in a 2006 bar fight over unpatriotic remarks. Ventura says the punch never happened and that the claim by Kyle defamed him.

Kyle had asked that Ventura's claims of invasion of privacy and “unjust enrichment” be dismissed, saying there was no legal basis for them. But a federal judge said the lawsuit should proceed. Both sides were told to be ready for trial by Aug. 1.

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