[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]
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Rules and Regulations
Federal Register
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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.
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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:
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Territory Types of tobacco Auction markets Order of designation Citation
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* * * * * *
*
(nnn) North Carolina, Burley............ Boone-West July 15, 1996.
Tennessee. Jefferson-
Mountain City.
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[[Page 29924]]
Dated: June 5, 1996.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 96-14971 Filed 6-12-96; 8:45 am]
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