[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 27997-27998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13832]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[Docket No. TB-95-18]
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 Sanford and Carthage-Aberdeen, North
Carolina, to become the consolidated market of Sanford-Carthage-
Aberdeen. A mail referendum was conducted during the period of April
15-19, 1996, among tobacco growers who sold tobacco on these markets in
1995 to determine producer approval/disapproval of the designation of
these markets as one consolidated market. Growers approved the merger.
Therefore, for the 1996 and succeeding flue-cured marketing seasons,
the Sanford and Carthage-Aberdeen, North Carolina, tobacco markets
shall be designated as and called Sanford-Carthage-Aberdeen. The
regulations are amended to reflect this new designated market.
EFFECTIVE DATE: July 5, 1995.
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, 10903) announcing that a
referendum would be conducted among active flue-cured producers who
sold tobacco on either Sanford or Carthage-Aberdeen, during the 1995
season to ascertain if such producers favored the consolidation.
The notice of referendum announced the determination by the
Secretary that the consolidated market of Sanford-Carthage-Aberdeen,
North Carolina, would be designated as a flue-cured 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 Sanford, North Carolina, on
November 7, 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 15-19 referendum were mailed to 622
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 156 responses: 127 eligible producers voted in
favor of the consolidation; 27 eligible producers voted against the
consolidation; and 2 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:
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 Section 29.8001, the table is amended by adding a new entry
(hhh) to read as follows:
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Territory Types of tobacco Auction markets Order of designation Citation
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* * * * * * *
(hhh) North Carolina........... flue-cured.............. ................................... Sanford-Carthage-Aberdeen.......... July 5, 1996.
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[[Page 27998]]
Dated: May 28, 1996.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 96-13832 Filed 6-3-96; 8:45 am]
BILLING CODE 3410-02-P
