[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Page 12398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5538]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[TB-94-35]


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 Tifton and Fitzgerald-Ocilla, Georgia, to 
become the consolidated market of Tifton-Fitzgerald-Ocilla. A mail 
referendum was conducted during the period of February 6-10, 1995, 
among tobacco growers who sold tobacco on these markets in 1994 to 
determine producer approval/disapproval of the designation of these 
markets as one consolidated market. Growers approved the merger. 
Therefore, for the 1995 and succeeding flue-cured marketing seasons, 
the Tifton and Fitzgerald-Ocilla, Georgia, tobacco markets shall be 
designated as and called Tifton-Fitzgerald-Ocilla. The regulations are 
amended to reflect this new designated market.

EFFECTIVE DATE: April 6, 1995.

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

SUPPLEMENTARY INFORMATION: A notice was published in the February 2, 
1995, issue of the Federal Register (60 FR 6452-53) announcing that a 
referendum would be conducted among active flue-cured producers who 
sold tobacco on either Tifton or Fitzgerald-Ocilla, during the 1994 
season to ascertain if such producers favored the consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Tifton-Fitzgerald-Ocilla, 
Georgia, would be designated as a flue-cured tobacco auction market and 
receive mandatory Federal grading of tobacco sold at auction for the 
1995 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 Ocilla, Georgia, on November 7, 1994, 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 February 6-10 referendum were mailed to 152 
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 45 responses: 41 eligible producers voted in favor 
of the consolidation; 1 eligible producer voted against the 
consolidation; and 3 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. The 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 Public Law 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. This action will not substantially 
affect the normal movement of the commodity in the marketplace. The 
Administrator has determined that this action will not have a 
significant economic impact on a substantial number of small entities.

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:

PART 29--[AMENDED]

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  [Amended]

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

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      Territory           Types of tobacco       Auction markets      Order of designation        Citation      
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        *                  *                  *                  *                  *                  *        
                                                        *                                                       
(hhh) Georgia........  flue-cured...........  Tifton-Fitzgerald-       ...................  April 6, 1995.      
                                               Ocilla.                                                          
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    Dated: March 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-5538 Filed 3-6-95; 8:45 am]
BILLING CODE 3410-02-P