[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Pages 51887-51888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24772]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 186 / Monday, September 27, 1999 /
Rules and Regulations
[[Page 51887]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[Docket No. TB-99-07]
Tobacco Inspection; Subpart B--Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: The Agricultural Marketing Service is amending the regulations
governing the mandatory inspection of tobacco by adding the term
``purchaser'' to specifically include in the regulatory text this
segment of the industry from attempting to influence, impeding, or
discussing any matter relating to grading while the tobacco inspectors
are grading tobacco on the auction warehouse floor, and removing the
language allowing the producer to discuss the grading of their tobacco
with the inspector at the time grading is being performed. This rule
will incorporate recommendations made by the Flue-Cured Tobacco
Advisory Committee, the Five-State Flue-Cured Tobacco Committee, and
industry representatives that clarification of this regulation is
necessary to eliminate interference, distraction, and outside influence
on the grading of tobacco. These amendments will revise the regulation
to better eliminate interference, distraction, and outside influence on
the grading of tobacco.
DATES: Effective September 28, 1999; comments received by November 26,
1999 will be considered prior to issuance of a final rule.
ADDRESSES: Send comments to John P. Duncan III, Deputy Administrator,
Tobacco Programs, Agricultural Marketing Service (AMS), United States
Department of Agriculture (USDA), Room 502 Annex Building, P.O. Box
96456, Washington, DC 20090-6456; or Fax: (202) 205-0235. Comments will
be made available for public inspection at this location during regular
business hours.
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,
Fax: (202) 205-0235.
SUPPLEMENTARY INFORMATION: This rule is amending the regulations
governing the mandatory inspection of tobacco pursuant to the
provisions of the Tobacco Inspection Act (49 Stat. 741, 7 U.S.C. 511 et
seq.).
The Department has received recommendations from all segments of
the tobacco industry, the Flue-Cured Tobacco Advisory Committee, and
the Five-State Flue-Cured Tobacco Committee that changes to the
regulation in subpart B, section 29.81(a), Interference with
inspectors, is necessary to better eliminate interference, distraction,
and outside influence on the grading of tobacco.
The current regulation specifies that, no person, including the
owner, producer, warehouseman, agent, or employee thereof shall attempt
to influence, impede, or discuss any matter relating to grading while
the tobacco inspectors are grading tobacco on the auction warehouse
floor. The regulatory change will not allow any member of the industry,
including tobacco purchasers, to discuss any matter pertaining to
grading while the tobacco inspectors are grading tobacco on the auction
warehouse floor. This action also will remove language allowing a
producer to discuss the grading of their tobacco with the inspector at
the time grading is performed. While producers will be allowed to be
present when their tobacco is being graded, they cannot discuss the
grade or attempt to influence or intimidate the inspector during the
performance of grading duties. This will not preclude the producer from
appealing the decision of the inspector after a grade has been
assigned.
Accordingly, this rule will add the term ``purchaser'' to include
this segment of the industry from attempting to influence, impeding, or
discussing any matter relating to grading while the tobacco inspectors
are grading tobacco on the auction warehouse floor, and the language
allowing the producer to discuss the grading of their tobacco with the
inspector at the time grading is being performed will be removed. This
action will incorporate recommendations made by industry
representatives, the Flue-Cured Tobacco Advisory Committee, and the
Five-State Flue-Cured Tobacco Committee that no one be allowed to
discuss any matter while tobacco grading activities are being performed
on the auction warehouse floor.
This rule has been determined to be ``not significant'' for
purposes of Executive Order 12866, and therefore, has not been reviewed
by the Office of Management and Budget.
This rule has been reviewed under Executive Order 12866, Civil
Justice Reform. This action is not intended to have retroactive effect.
This 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. All tobacco
warehouses and producers fall within the confines of ``small business''
which are defined by the Small Business Administration (13 CFR 121.601)
as those having annual receipts of less than $500,000 and small
agricultural service firms are defined as those whose annual receipts
are less than $3,500,000. There are approximately 190 tobacco
warehouses and approximately 30,000 producers and most warehouses and
producers may be classified as small entities. The Agricultural
Marketing Service has determined that this action will not have a
significant economic impact on a substantial number of small entities.
This rule amends the regulations governing the mandatory inspection of
tobacco by (1) Adding to the terms ``purchaser'' to specifically
include in the regulatory text this segment of the industry from
attempting to influence, impeding, or discussing any matter relating to
grading while tobacco inspectors are grading tobacco on the auction
floor and (2) removing language allowing a producer from discussing
grading of their tobacco with the
[[Page 51888]]
inspector at the time grading is being performed. Specifying the term
``purchaser'' in the text of the regulation merely identifies a segment
of the industry already prohibited from these actions. Further, removal
of language allowing producers to discuss with inspectors their
tobacco, would have minimal impact on producers since producers would
not be precluded from appealing the decision of an inspector after a
grade had been assigned.
It is hereby found and determined upon good cause that it is
impracticable, unnecessary, and contrary to the public interest to give
preliminary notice prior to putting this rule into effect and that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register because: (1) The 1999
flue-cured marketing season is currently underway and this action is
needed, as soon as possible, to provide clarification when it is
allowable for someone to communicate with the grading personnel while
they are performing their duties; and (2) this interim final rule
provides a 60-day comment period, and all comments timely received will
be considered prior to finalization of this rule.
Lists of Subject in 7 CFR Part 29
Administrative practice and procedure, Advisory committees,
Government publications, Imports, Pesticides and pests, Reporting and
recordkeeping requirements, Tobacco.
For the reasons set forth in the preamble, 7 CFR Part 29 is amended
as follows:
PART 29--TOBACCO INSPECTION
Subpart B--Regulations
1. The authority citation for Part 29, subpart B continues to read
as follows:
Authority: 7 U.S.C. 511m and 511r.
2. In Sec. 29.81, paragraph (a) is revised to read as follows:
Sec. 29.81 Interference with inspectors.
(a) No person, including the owner, producer, warehouseman, agent,
or employee thereof shall attempt, in any manner, to influence an
inspector with respect to the grade designation of tobacco, or impede,
in any manner, an inspector while the inspector is in the process of
grading tobacco on the warehouse auction floor, or ask any question or
discuss any matter pertaining to the grading of tobacco while the
inspector is grading any tobacco on the warehouse auction floor. While
inspectors are engaged in grading the day's sale, all requests for
information concerning the grade designation on or requests to review
the grade of any lot of tobacco shall be made only to the head grader
or to the market supervisor grader.
* * * * *
Dated: September 17, 1999.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 99-24772 Filed 9-24-99; 8:45 am]
BILLING CODE 3410-02-P
