[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12887]


[[Page Unknown]]

[Federal Register: May 26, 1994]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[TB-94-01]

 

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 Windsor, Williamston, and Robersonville, 
North Carolina, to become the consolidated market of Windsor-
Williamston-Robersonville. A mail referendum was conducted during the 
period of April 4-8, 1994, among tobacco growers who sold tobacco on 
these markets in 1993 to determine producer approval/disapproval of the 
designation of these three markets as one consolidated market. Growers 
approved the merger. Therefore, for the 1994 and succeeding flue-cured 
marketing seasons, the Windsor, Williamston, and Robersonvile, North 
Carolina, tobacco markets shall be designated as and called Windsor-
Williamston-Robersonville. The regulations are amended to reflect this 
new designated market.

EFFECTIVE DATE: June 27, 1994.

FOR FURTHER INFORMATION CONTACT: Director, Tobacco Division, 
Agricultural Marketing Service, United States Department of 
Agriculture, P.O. Box 96456, Washington, DC 20090-6456; telephone 
number (202) 205-0567.

SUPPLEMENTARY INFORMATION: A notice was published in the March 25, 
1994, issue of the Federal Register (59 FR 4124) announcing that a 
referendum would be conducted among active flue-cured producers who 
sold tobacco on either Windsor, Williamston, or Robersonville, during 
the 1993 season to ascertain if such producers favored the 
consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Windsor-Williamston-
Robersonvile, North Carolina, would be designated as a flue-cured 
tobacco auction market and receive mandatory, Federal grading of 
tobacco sold at auction for the 1994 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 
Williamston, North Carolina, on November 19, 1993, 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 4-8 referendum were mailed to 1,054 
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 365 responses: 274 eligible producers voted in 
favor of the consolidation; 72 eligible producers voted against the 
consolidation; and 19 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. This 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 Pub. L. 96-354, 
the Regulatory Flexibility Act, 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. It has been determined that this 
action will not have a significant impact on a substantial number of 
small entities, and will not substantially affect the normal movement 
of the commodity in the marketplace.

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).


Sec. 29.8001  Table Amended.

    2. In Sec. 29.8001, the table is amended by adding a new entry 
(ggg) to read as follows:


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       Territory           Types of tobacco        Auction markets       Order of designation       Citation    
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                                                  * * * * * * *                                                 
(ggg) North Carolina..  Flue-cured............  Windsor-Williamston-   June 27, 1994...........                 
                                                 Robersonville.                                                 
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    Dated: May 20, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-12887 Filed 5-25-94; 8:45 am]
BILLING CODE 3410-02-P