[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12887]
[[Page Unknown]]
[Federal Register: May 26, 1994]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[TB-94-01]
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 Windsor, Williamston, and Robersonville,
North Carolina, to become the consolidated market of Windsor-
Williamston-Robersonville. A mail referendum was conducted during the
period of April 4-8, 1994, among tobacco growers who sold tobacco on
these markets in 1993 to determine producer approval/disapproval of the
designation of these three markets as one consolidated market. Growers
approved the merger. Therefore, for the 1994 and succeeding flue-cured
marketing seasons, the Windsor, Williamston, and Robersonvile, North
Carolina, tobacco markets shall be designated as and called Windsor-
Williamston-Robersonville. The regulations are amended to reflect this
new designated market.
EFFECTIVE DATE: June 27, 1994.
FOR FURTHER INFORMATION CONTACT: Director, Tobacco Division,
Agricultural Marketing Service, United States Department of
Agriculture, P.O. Box 96456, Washington, DC 20090-6456; telephone
number (202) 205-0567.
SUPPLEMENTARY INFORMATION: A notice was published in the March 25,
1994, issue of the Federal Register (59 FR 4124) announcing that a
referendum would be conducted among active flue-cured producers who
sold tobacco on either Windsor, Williamston, or Robersonville, during
the 1993 season to ascertain if such producers favored the
consolidation.
The notice of referendum announced the determination by the
Secretary that the consolidated market of Windsor-Williamston-
Robersonvile, North Carolina, would be designated as a flue-cured
tobacco auction market and receive mandatory, Federal grading of
tobacco sold at auction for the 1994 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
Williamston, North Carolina, on November 19, 1993, 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 April 4-8 referendum were mailed to 1,054
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 365 responses: 274 eligible producers voted in
favor of the consolidation; 72 eligible producers voted against the
consolidation; and 19 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. 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 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. It has been determined that this
action will not have a significant impact on a substantial number of
small entities, and will not substantially affect the normal movement
of the commodity in the marketplace.
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:
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 Table Amended.
2. In Sec. 29.8001, the table is amended by adding a new entry
(ggg) to read as follows:
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Territory Types of tobacco Auction markets Order of designation Citation
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* * * * * * *
(ggg) North Carolina.. Flue-cured............ Windsor-Williamston- June 27, 1994...........
Robersonville.
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Dated: May 20, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-12887 Filed 5-25-94; 8:45 am]
BILLING CODE 3410-02-P
