[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Page 12398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5538]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[TB-94-35]
Tobacco Inspection; Growers' Referendum Results
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This document contains the determination with respect to the
referendum on the merger of Tifton and Fitzgerald-Ocilla, Georgia, to
become the consolidated market of Tifton-Fitzgerald-Ocilla. A mail
referendum was conducted during the period of February 6-10, 1995,
among tobacco growers who sold tobacco on these markets in 1994 to
determine producer approval/disapproval of the designation of these
markets as one consolidated market. Growers approved the merger.
Therefore, for the 1995 and succeeding flue-cured marketing seasons,
the Tifton and Fitzgerald-Ocilla, Georgia, tobacco markets shall be
designated as and called Tifton-Fitzgerald-Ocilla. The regulations are
amended to reflect this new designated market.
EFFECTIVE DATE: April 6, 1995.
FOR FURTHER INFORMATION CONTACT: Director, Tobacco Division,
Agricultural Marketing Service, United States Department of
Agriculture, PO. Box 96456, Washington, DC. 20090-6456; telephone
number (202) 205-0567.
SUPPLEMENTARY INFORMATION: A notice was published in the February 2,
1995, issue of the Federal Register (60 FR 6452-53) announcing that a
referendum would be conducted among active flue-cured producers who
sold tobacco on either Tifton or Fitzgerald-Ocilla, during the 1994
season to ascertain if such producers favored the consolidation.
The notice of referendum announced the determination by the
Secretary that the consolidated market of Tifton-Fitzgerald-Ocilla,
Georgia, would be designated as a flue-cured tobacco auction market and
receive mandatory Federal grading of tobacco sold at auction for the
1995 and succeeding seasons, subject to the results of the referendum.
The determination was based on the evidence and arguments presented at
a public hearing held in Ocilla, Georgia, on November 7, 1994, pursuant
to applicable provisions of the regulations issued under the Tobacco
Inspection Act, as amended. The referendum was held in accordance with
the provisions of the Tobacco Inspection Act, as amended (7 U.S.C.
511d) and the regulations set forth in 7 CFR 29.74.
Ballots for the February 6-10 referendum were mailed to 152
producers. Approval required votes in favor of the proposal by two-
thirds of the eligible voters who cast valid ballots. The Department
received a total of 45 responses: 41 eligible producers voted in favor
of the consolidation; 1 eligible producer voted against the
consolidation; and 3 ballots were determined to be invalid.
The Department of Agriculture is issuing this rule in conformance
with Executive Order 12866.
This final rule has been reviewed under Executive Order 12788,
Civil Justice Reform. This action is not intended to have retroactive
effect. The final rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
Additionally, in conformance with the provisions of Public Law 96-
354, the Regulatory Flexibility Act, full consideration has been given
to the potential economic impact upon small business. Most tobacco
producers and many tobacco warehouses are small businesses as defined
in the Regulatory Flexibility Act. This action will not substantially
affect the normal movement of the commodity in the marketplace. The
Administrator has determined that this action will not have a
significant economic impact on a substantial number of small entities.
List of Subjects in 7 CFR Part 29
Administrative practices and procedures, Advisory committees,
Government publications, Imports, Pesticides and pests, Reporting and
recordkeeping procedures, Tobacco.
For the reasons set forth in the preamble, 7 CFR part 29, subpart
D, is amended as follows:
PART 29--[AMENDED]
Subpart D--Order of Designation of Tobacco Markets
1. The authority citation for 7 CFR part 29, subpart D, continues
to read as follows:
Authority: Sec. 5, 49 Stat. 732, as amended by sec. 157(a) (1),
95 Stat. 374 (7 U.S.C. 511d).
Sec. 29.8001 [Amended]
2. In Sec. 29.8001, the table is amended by adding a new entry
(hhh) to read as follows:
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Territory Types of tobacco Auction markets Order of designation Citation
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* * * * * *
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(hhh) Georgia........ flue-cured........... Tifton-Fitzgerald- ................... April 6, 1995.
Ocilla.
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Dated: March 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-5538 Filed 3-6-95; 8:45 am]
BILLING CODE 3410-02-P
