[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Rules and Regulations]
[Pages 36027-36028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17197]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 134 / Thursday, July 13, 1995 / Rules 
and Regulations  


[[Page 36027]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-95-12]


Tobacco Inspection; Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: These regulations revise the Official Standard Grades for 
Flue-Cured Tobacco to more accurately describe tobacco as it presently 
appears at the marketplace. The revision will add a special factor to 
identify lots of tobacco that contain 25 percent or more of an adjacent 
stalk position.

EFFECTIVE DATE: July 13, 1995.

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

SUPPLEMENTARY INFORMATION: Notice was given (60 FR 27912; Friday, May 
26, 1995) that the Department proposed to revise the Official Standard 
Grades for Flue-Cured Tobacco, U.S. Types 11-14 and Foreign Type 92 to 
add a special factor (subgrade) to describe mixing of adjacent stalk 
positions. This proposal was based on recommendations by the Flue-Cured 
Tobacco Cooperative Stabilization Corporation and an Advisory Committee 
appointed by Congress to study the government tobacco program.
    The revision would add a special factor (subgrade) to describe 
mixing of adjacent stalk positions. Stalk positions or groups as 
defined in the current standards are a division of a type covering 
closely related grades based on certain characteristics such as shape, 
body, or the general quality of tobacco. The traditional practice of 
sorting tobacco in the flue-cured marketing area has changed 
dramatically during the past decade. Producers are combining adjacent 
stalk positions which makes grading more difficult and has made U.S. 
tobacco less desirable for certain customers in the world market. This 
new special factor would identify any lot of tobacco which contains 25 
percent of an adjacent stalk position.
    Interested parties were given an opportunity to comment on the 
proposed rule. A total of five comments were received; two comments--
one from an individual and one from an auction warehouse recommending 
the ``M'' special factor only apply to the ``B'' and ``H'' groups, and 
three comments--two from producer associations and one from a tobacco 
company that supported the proposal. In considering the two comments 
recommending that the ``M'' special factor apply only to the B and H 
groups, the Department notes that the initial requests of the industry 
organizations for this amendment made no distinction between specific 
groups but referred only to adjacent stalk positions. Furthermore, in 
order to be consistent in the application of grade standards this 
special factor should be applied to all groups. Therefore, after 
consideration of comments on the proposal and other relevant 
information, the Department hereby adopts the regulations as proposed.
    This final rule has been determined not significant for the 
purposes of Executive Order 12866, and therefore has not been reviewed 
by the Office of Management and Budget.
    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 121.601) 
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.
    The Administrator of the 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 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.
    In addition, good cause has been found to make this rule effective 
less than 30 days after publication because it is necessary that the 
regulation be effective at the beginning of the marketing season which 
begins in mid-July. Therefore, in order to treat all marketing areas on 
an equal basis, this final rule is made effective upon publication in 
the Federal Register.

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, 7 CFR part 29 is amended 
as follows:

PART 29--TOBACCO INSPECTION

Subpart C--Standards
    1. The authority citation for part 29, subpart C is revised to read 
as follows:

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

    2. Section 29.1059 is revised to read as follows:


Sec. 29.1059  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but which has a peculiar side or characteristic which 
tends to modify the grade. (See Rules 10, 21, 22, 26, 28, and 29.)
    3. A new Sec. 29.1135 is added to read as follows: 

[[Page 36028]]



Sec. 29.1135  Rule 29.

    Any lot of tobacco containing 25 percent or more of an adjacent 
group, which otherwise meets the specifications of a grade shall be 
treated as a special factor grade by placing the special factor ``M'' 
preceding the grademark.
    4. In Sec. 29.1181, the first sentence in the paragraph immediately 
following table ``13 Grades on Nondescript'', is revised to read as 
follows:


Sec. 29.1181  Summary of standard grades.

* * * * *
    Special factors ``U'' (unsound), ``W'' (doubtful-keeping order), 
``S'' (strip), and ``M'' (mixed) may be applied to all grades. * * *

    Dated: July 6, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-17197 Filed 7-12-95; 8:45 am]
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