[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12399-12400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5540]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 29
[TB-94-36]
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 Clarkton and Chadbourn, North Carolina, to
become the consolidated market of Clarkton-Chadbourn. 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 Clarkton and
Chadbourn, North Carolina, tobacco markets shall be designated as and
called Clarkton-Chadbourn. 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) announcing that a
referendum would be conducted among active flue-cured producers who
sold tobacco on either Clarkton or Chadbourn, 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 Clarkton-Chadbourn, North
Carolina, 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 [[Page 12400]] seasons, subject to the results
of the referendum. The determination was based on the evidence and
arguments presented at a public hearing held in Fair Bluff, North
Carolina, on November 10, 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 Tobacco 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 735
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 308 responses: 293 eligible producers voted in
favor of the consolidation; 6 eligible producers voted against the
consolidation; and 9 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 Pub. L. 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
(jjj) to read as follows:
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Territory Types of tobacco Auction markets Order of designation Citation
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* * * * * *
*
(jjj) North Carolina. flue-cured........... Clarkton-Chadbourn... ..................... April 6, 1995.
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Dated: March 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-5540 Filed 3-6-95; 8:45 am]
BILLING CODE 3410-02-P
