[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Rules and Regulations]
[Pages 24559-24560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11744]
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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
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 62, No. 87 / Tuesday, May 6, 1997 / Rules and
Regulations
[[Page 24559]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[Docket No. TB-97-01]
Tobacco Inspection; Grower's 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 Tabor City and Whiteville, North Carolina,
to become the consolidated market of Tabor City-Whiteville. A mail
referendum was conducted during the period of March 24-28, 1997, among
tobacco growers who sold tobacco on these markets in 1996 to determine
producer approval/disapproval of the designation of these markets as
one consolidated market. Therefore, for the 1997 and succeeding flue-
cured marketing seasons, the Tabor City and Whiteville, North Carolina,
tobacco markets shall be designated as and called Tabor City-
Whiteville. The regulations are amended to reflect this new designated
market.
EFFECTIVE DATE: June 5, 1997.
FOR FURTHER INFORMATION CONTACT: William O. Coats, Deputy Director,
Tobacco Division, Agricultural Marketing Service, United States
Department of Agriculture, P.O. Box 96456, Washington, D.C. 20090-6456;
telephone number (202) 205-0508.
SUPPLEMENTARY INFORMATION: A notice was published in the March 13,
1997, issue of the Federal Register (62 FR 11773) announcing that a
referendum would be conducted among active flue-cured producers who
sold tobacco on either Tabor City or Whiteville during the 1996 season
to ascertain if such producers favored the consolidation.
The notice of referendum announced the determination by the
Secretary that the consolidated market of Tabor City and Whiteville,
North Carolina, would be designated as a flue-cured tobacco auction
market and receive mandatory Federal grading of tobacco sold at auction
for the 1997 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 Tabor City, North Carolina, on
November 6, 1996, 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 March 24-28 referendum were mailed to 211
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 197 responses: 160 eligible producers voted in
favor of the consolidation; 22 eligible producers voted against the
consolidation; and 15 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 12988,
Civil Justice Reform. This action is not intended to have retroactive
effect. The final rule will not exempt 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. 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. It has been determined that this action will not have a
significant 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 is amended
as follows:
PART 29--TOBACCO INSPECTION
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).
Subpart D--Orders of Designation of Tobacco Markets
2. In Sec. 29.8001, the table is amended by adding a new entry
(ooo) to read as follows:
Sec. 29.8001 [Amended]
* * * * *
Designated Tobacco Markets
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Order of
Territory Types of tobacco Auction markets designation Citation
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* * * * * *
(ooo) North Carolina............ Flue-Cured........ Tabor City- June 5, 1997...... (insert FR
Whiteville. citation).
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[[Page 24560]]
Dated: April 30, 1997.
Lon Hatamiya,
Administrator.
[FR Doc. 97-11744 Filed 5-5-97; 8:45 am]
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