96-14971. Tobacco Inspection; Growers' Referendum Results  

  • [Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
    [Rules and Regulations]
    [Pages 29923-29924]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-14971]
    
    
    
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    Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules 
    and Regulations
    
    [[Page 29923]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    
    7 CFR Part 29
    
    [Docket No. TB-95-15]
    
    
    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 Boone and West Jefferson, North Carolina, 
    and Mountain City, Tennessee, to become the consolidated market of 
    Boone-West Jefferson-Mountain City. A mail referendum was conducted 
    April 15-26, 1996, among tobacco growers who sold tobacco on these 
    markets the previous season to determine producer approval/disapproval 
    of the designation of these three markets as one consolidated market. 
    Growers approved the merger. Therefore, for the 1996 and succeeding 
    burley marketing seasons, the Boone and West Jefferson, North Carolina, 
    and Mountain City, Tennessee, tobacco markets shall be designated as 
    and called Boone-West Jefferson-Mountain City. The regulations are 
    amended to reflect this new designated market.
    
    EFFECTIVE DATE: July 15, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Rebecca Fial, Assistant to the 
    Director, Tobacco Division, Agricultural Marketing Service, United 
    States Department of Agriculture, P.O. Box 96456, Washington, DC 20090-
    6456; telephone number (202) 260-0151.
    
    SUPPLEMENTARY INFORMATION: A notice was published in the March 18, 
    1996, issue of the Federal Register (61 FR 10902) announcing that a 
    referendum would be conducted among active burley producers who sold 
    tobacco on either Boone, West Jefferson, or Mountain City, during the 
    previous season to ascertain if such producers favor the consolidation.
        The notice of referendum announced the determination by the 
    Secretary that the consolidated market of Boone and West Jefferson, 
    North Carolina, and Mountain City, Tennessee, would be designated as a 
    burley tobacco auction market and receive mandatory Federal grading of 
    tobacco sold at auction for the 1996 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 Boone, 
    North Carolina, on September 15, 1995, 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 15-26 referendum were mailed to 3,423 
    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 923 responses: 685 eligible producers voted in 
    favor of the consolidation; 204 eligible producers voted against the 
    consolidation; and 34 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 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, 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).
    
        2. In Sec. 29.8001, the table is amended by adding a new entry 
    (nnn) to read as follows:
    
    ----------------------------------------------------------------------------------------------------------------
              Territory             Types of  tobacco  Auction markets  Order of  designation         Citation      
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    (nnn) North Carolina,          Burley............  Boone-West       July 15, 1996.                              
     Tennessee.                                         Jefferson-                                                  
                                                        Mountain City.                                              
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 29924]]
    
    
        Dated: June 5, 1996.
    Kenneth C. Clayton,
    Acting Administrator.
    [FR Doc. 96-14971 Filed 6-12-96; 8:45 am]
    BILLING CODE 3410-02-P
    
    

Document Information

Effective Date:
7/15/1996
Published:
06/13/1996
Department:
Agricultural Marketing Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-14971
Dates:
July 15, 1996.
Pages:
29923-29924 (2 pages)
Docket Numbers:
Docket No. TB-95-15
PDF File:
96-14971.pdf
CFR: (1)
7 CFR 29