[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Rules and Regulations]
[Page 7429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3145]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 /
Rules and Regulations
[[Page 7429]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[Docket No. TB-93-22]
Standards; Amendment of Definition
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department is amending the definition of ``Rework''
pertaining to the inspection of burley tobacco by adding language
requiring that the average bale weight in a lot of untied baled burley
not exceed 100 pounds.
EFFECTIVE DATE: July 1, 1995.
FOR FURTHER INFORMATION CONTACT: John Duncan, III, Director, Tobacco
Division, AMS, USDA, Room 502 Annex Building, P.O. Box 96456,
Washington, D.C. 20090-6456, Telephone (202) 205-0567.
SUPPLEMENTARY INFORMATION: Notice was given in the Federal Register on
November 29, 1994, that the Department was proposing to revise the
definition ``Rework'' in Subpart C, Section 29.3053(b) to require that
the bales in each lot not exceed an average weight of 100 pounds. This
proposal was based on a recommendation by the Burley Tobacco Advisory
Committee, representing producers, warehouses, and buyers, that an
average bale weight of 100 pounds would improve 2 handling, reduce
spoilage associated with heavy bales, and therefore, improve the image
of American burley.
Interested parties were given an opportunity to comment on the
proposed rule. A total of three comments were received, all of which
favored the proposed rule.
This rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by OMB.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This 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 the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), full consideration has been
given to the potential economic impact upon small business. All tobacco
warehouses and producers fall within the confines of ``small business''
which are defined by the Small Business Administration (13 CFR 121.2)
as those having gross annual revenues for the last 3 years of less than
$500,000, and small agricultural service firms are defined as those
whose gross annual receipts are less than $3,500,000. The
Administrator, Agricultural Marketing Service, has determined that this
action would not have a significant economic impact on a substantial
number of small entities. This final rule would not substantially
affect the normal movement of the commodity in the marketplace.
Compliance with this final rule would not impose substantial direct
economic cost, recordkeeping, or personnel workload changes on small
entities, and would not alter the market share or competitive positions
of small entities relative to the large entities and would in no way
affect normal competition in the marketplace.
The information collection has been submitted for approval to OMB
under Docket 0581-0056.
List of Subjects in 7 CFR Part 29
Administrative practice and procedure, Advisory Committees,
Government publications, Imports, Pesticides and pests, Reporting and
recordkeeping requirements, Tobacco.
For the reasons set forth in the preamble, the regulations at 7 CFR
Part 29 are amended as follows:
PART 29--TOBACCO INSPECTION
Subpart C--Standards
1. The authority citation for Subpart C continues to read as
follows:
Authority: 7 U.S.C. 511b, 511m, and 511r.
2. Paragraph (b) of Sec. 29.3053 is revised to read as follows:
Sec. 29.3053 Rework.
* * * * *
(b) Tobacco not properly tied in hands, not packed in bales
approximately 1 x 2 x 3 feet, not oriented, not packed straight, bales
not opened for inspection when chosen by a grader, lots exceeding an
average bale weight of 100 pounds, or otherwise not properly prepared
for market.
Dated: February 2, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-3145 Filed 2-7-95; 8:45 am]
BILLING CODE 3410-02-P
