[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29387]


[[Page Unknown]]

[Federal Register: November 29, 1994]


                                                   VOL. 59, NO. 228

                                         Tuesday, November 29, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-93-22]

 

Standards; Amendment of Definition

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed Rule.

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SUMMARY: The Department is proposing to amend the definition of 
``Rework'' pertaining to the inspection of burley tobacco by adding 
language requiring that the average bale weight in a lot of untied 
baled burley not exceed 100 pounds.

DATES: Comments should be received on or before December 29, 1994.

ADDRESSES: Send comments to the Director, Tobacco Division, 
Agricultural Marketing Service (AMS), United States Department of 
Agriculture (USDA), Room 502 Annex Building, P.O. Box 96456, 
Washington, D.C. 20090-6456. Comments will be available for public 
inspection at this location during regular business hours.

FOR FURTHER INFORMATION CONTACT: Director, Tobacco, AMS, USDA, Room 502 
Annex Building, P.O. Box 96456, Washington, D.C. 20090-6456, Telephone 
(202) 205-0567.

SUPPLEMENTARY INFORMATION: On November 17, 1982, the Department issued 
a final rule in the Federal Register dealing with a variety of issues 
concerning the inspection and grading of burley tobacco, one of which 
was the sale of untied burley tobacco in bales. The final rule stated 
that from that date inspection and price support would only be offered 
to burley tobacco tied in hands or untied in bales measuring 
approximately 1 x 2 x 3 feet. The Burley Tobacco Advisory Committee, 
established in 1990 and representing producers, warehouses, and buyers, 
has recommended an average bale weight of 100 pounds in order to 
improve handling and reduce spoilage associated with heavy bales and 
therefore, improve the image of American burley. Based on the support 
for this proposal evidenced by all segments of the industry, the 
Department is proposing to revise the definition ``Rework'' in Subpart 
C, Section 29.3053 (b) to require that the bales in each lot not exceed 
an average weight of 100 pounds.
    This rule has been determined to be not-significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by OMB.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed 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 121.2) 
as those having gross annual revenues for the last 3 years of less than 
$500,000, and small agricultural service firms are defined as those 
whose gross annual receipts are less than $3,500,000. The 
Administrator, Agricultural Marketing Service, has determined that this 
action would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would not substantially 
affect the normal movement of the commodity in the marketplace. 
Compliance with this proposed rule would not impose substantial direct 
economic cost, recordkeeping, or personnel workload changes on small 
entities, and would not alter the market share or competitive positions 
of small entities relative to the large entities and would in no way 
affect normal competition in the marketplace.
    The information collection has been submitted for approval to OMB 
under Docket 0581-0056.
    All persons who desire to submit written data, views, or arguments 
for consideration in connection with the proposal may file them with 
the Director, Tobacco Division, Agricultural Marketing Service, United 
States Department of Agriculture, Room 502 Annex Building, P.O. Box 
96456, Washington, D.C. 20090-6456, not later than December 29, 1994.

List of Subjects 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, it is proposed that the 
regulations at 7 CFR Part 29 be amended as follows:

PART 29--TOBACCO INSPECTION

Subpart C--Standards

    1. The authority citation for Subpart C continues to read as 
follows:

    Authority: 7 U.S.C. 511b, 511m, and 511r.

    2. Paragraph (b) of Sec. 29.3053 would be revised to read as 
follows:


Sec. 29.3053  Rework.

* * * * *
    (b) Tobacco not properly tied in hands, not packed in bales 
approximately 1 x 2 x 3 feet, not oriented, not packed straight, bales 
not opened for inspection when chosen by a grader, lots exceeding an 
average bale weight of 100 pounds, or otherwise not properly prepared 
for market.

    Dated: November 21, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-29387 Filed 11-28-94; 8:45 am]
BILLING CODE 3410-02-P