[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29923-29924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14971]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules 
and Regulations  

[[Page 29923]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-95-15]


Tobacco Inspection; Growers' Referendum Results

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document contains the determination with respect to the 
referendum on the merger of Boone and West Jefferson, North Carolina, 
and Mountain City, Tennessee, to become the consolidated market of 
Boone-West Jefferson-Mountain City. A mail referendum was conducted 
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 Boone and West Jefferson, North Carolina, 
and Mountain City, Tennessee, tobacco markets shall be designated as 
and called Boone-West Jefferson-Mountain City. 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 (61 FR 10902) announcing that a 
referendum would be conducted among active burley producers who sold 
tobacco on either Boone, West Jefferson, or Mountain City, during the 
previous season to ascertain if such producers favor the consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Boone and West Jefferson, 
North Carolina, and Mountain City, Tennessee, 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 Boone, 
North Carolina, on September 15, 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 3,423 
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 923 responses: 685 eligible producers voted in 
favor of the consolidation; 204 eligible producers voted against the 
consolidation; and 34 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 
(nnn) to read as follows:

----------------------------------------------------------------------------------------------------------------
          Territory             Types of  tobacco  Auction markets  Order of  designation         Citation      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
(nnn) North Carolina,          Burley............  Boone-West       July 15, 1996.                              
 Tennessee.                                         Jefferson-                                                  
                                                    Mountain City.                                              
----------------------------------------------------------------------------------------------------------------


[[Page 29924]]


    Dated: June 5, 1996.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 96-14971 Filed 6-12-96; 8:45 am]
BILLING CODE 3410-02-P