[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Rules and Regulations]
[Page 7429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3145]



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  Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / 
Rules and Regulations  
[[Page 7429]]

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: Final rule.

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SUMMARY: The Department is amending 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.

EFFECTIVE DATE: July 1, 1995.

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

SUPPLEMENTARY INFORMATION: Notice was given in the Federal Register on 
November 29, 1994, that the Department was 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 
proposal was based on a recommendation by the Burley Tobacco Advisory 
Committee, representing producers, warehouses, and buyers, that an 
average bale weight of 100 pounds would improve 2 handling, reduce 
spoilage associated with heavy bales, and therefore, improve the image 
of American burley.
    Interested parties were given an opportunity to comment on the 
proposed rule. A total of three comments were received, all of which 
favored the proposed rule.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by OMB.
    This final rule has been reviewed under Executive Order 12778, 
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 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 final rule would not substantially 
affect the normal movement of the commodity in the marketplace. 
Compliance with this final 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.

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, the regulations at 7 CFR 
Part 29 are 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 is 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: February 2, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-3145 Filed 2-7-95; 8:45 am]
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