[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Proposed Rules]
[Page 39432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18666]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 /
Proposed Rules
[[Page 39432]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[Docket No. TB-99-02]
Tobacco Inspection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of withdrawal of proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing its
proposed rule published in the Federal Register on May 12, 1999. The
rule proposed to revise the regulations for flue-cured tobacco to: add
a special factor to the grademark to identify any lots of baled flue-
cured tobacco not opened for inspection; add bale dimensions and
spacing requirements for uniform marketing display in auction
warehouses; and adjust the poundage tolerance for a warehouse selling
baled tobacco in excess of the sales schedule.
FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy
Administrator, Tobacco Programs, AMS, USDA, Room 502 Annex Building,
P.O. Box 96456, Washington, DC 20090-6456. Telephone (202) 205-0567.
SUPPLEMENTARY INFORMATION: This notice announces that AMS is
withdrawing the proposal to amend regulations under Subpart B,
Regulations; Subpart C, Standards, and Subpart G, Policy Statement and
Regulations Governing Availability of Tobacco Inspection and Price
Support Services to Flue-Cured Tobacco on Designated Markets, pursuant
to the authority contained in the Tobacco Inspection Act of 1935, as
amended (7 U.S.C. 511 et seq.). The proposal was published in the
Federal Register on May 12, 1999 (64 FR 25462). The proposal would add
a special factor ``B'' to the grademark to identify lots of baled flue-
cured tobacco not opened for inspection. Proposed provisions also would
add bale dimensions and spacing requirements for uniform marketing
display in auction warehouses and adjust the poundage tolerance for a
warehouse selling baled tobacco in excess of the sales schedule.
In response to the request for comments on the proposed rule, seven
comments were received. These comments were from a national and state
growers association, a leaf tobacco exporters association, a state farm
bureau, a flue-cured tobacco cooperative stabilization corporation, a
tobacco product manufacturer, and a member of congress. All of the
comments opposed the addition of the special factor ``B'' to the
grademark to identify lots of baled flue-cured tobacco not opened for
inspection. The commenters' concerns included that special factors have
traditionally been used to identify quality rather than packaging, the
proposed special factor would add confusion to the marketplace, and
that the special factor could be detrimental to sales. With regard to
the other proposals concerning bale dimensions and spacing requirements
and adjusting the poundage tolerance for a warehouse selling baled
tobacco in excess of the sales schedule, one comment noted that farmers
who had contacted the commenter were not opposed to those proposed
provisions.
After considering the comments, we have concluded that we should
not proceed with a proposed rule based on the proposal because the
revisions that would be necessary to reconcile the proposed regulations
with the views expressed in the comments would be so significant that
the final rule would be substantially different from the proposed rule
on which the public had the opportunity to comment and which had been
endorsed by the Flue-Cured Tobacco Advisory Committee. Therefore, we
are withdrawing the May 12, 1999, proposed rule. We will continue the
research project for the marketing of flue-cured tobacco in bales for
the upcoming season beginning in July and we plan to develop new
proposed regulations to address this alternative package method. The
concerns and recommendations of all those who commented on the proposed
rule that we are withdrawing will be considered during the development
of any new proposed regulations. Further, we intend to publish an
advance notice of proposed rulemaking in the Federal Register after the
close of the next marketing season to solicit additional input from
interested persons and to present opportunities for additional public
participation in discussions of the scope, rationale, and basis of any
new proposed regulation.
Dated: July 15, 1999.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 99-18666 Filed 7-21-99; 8:45 am]
BILLING CODE 3410-02-P
