[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Page 29924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14970]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 29

[Docket No. TB-95-13]


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 Horse Cave, Glasgow, and Greensburg, 
Kentucky, to become the consolidated market of Horse Cave-Glasgow-
Greensburg. A mail referendum was conducted during the period of April 
15-26, 1996, among tobacco growers who sold tobacco on these markets 
the previous season to determine producer approval/disapproval of the 
designation of these three markets as one consolidated market. Growers 
approved the merger. Therefore, for the 1996 and succeeding burley 
marketing seasons, the Horse Cave, Glasgow, and Greensburg, Kentucky, 
tobacco markets shall be designated as and called Horse Cave-Glasgow-
Greensburg. The regulations are amended to reflect this new designated 
market.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT: Rebecca Fial, Assistant to the 
Director, Tobacco Division, Agricultural Marketing Service, United 
States Department of Agriculture, P.O. Box 96456, Washington, DC 20090-
6456; telephone number (202) 260-0151.

SUPPLEMENTARY INFORMATION: A notice was published in the March 18, 
1996, issue of the Federal Register (61FR, 10902) announcing that a 
referendum would be conducted among active burley producers who sold 
tobacco on either Horse Cave, Glasgow, or Greensburg markets to 
ascertain if such producers favored the consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Horse Cave-Glasgow-
Greensburg, Kentucky, would be designated as a burley tobacco auction 
market and receive mandatory Federal grading of tobacco sold at auction 
for the 1996 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 Cave City, Kentucky, on September 
13, 1995, 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 15-26 referendum were mailed to 7,602 
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 2,124 responses: 1,815 eligible producers voted in 
favor of the consolidation; 213 eligible producers voted against the 
consolidation; and 96 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 the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), 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. It has been determined that this action will not have a 
significant 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).

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

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          Territory             Types of tobacco   Auction markets   Order of designation         Citation      
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
(mmm) Kentucky...............  burley............  Horse Cave-      July 15, 1996.                              
                                                    Glasgow-                                                    
                                                    Greensburg, KY.                                             
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    Dated: June 5, 1996.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 96-14970 Filed 6-12-96; 8:45 am]
BILLING CODE 3410-02-P