[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Rules and Regulations]
[Pages 24559-24560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11744]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 87 / Tuesday, May 6, 1997 / Rules and 
Regulations  

[[Page 24559]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-97-01]


Tobacco Inspection; Grower's 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 Tabor City and Whiteville, North Carolina, 
to become the consolidated market of Tabor City-Whiteville. A mail 
referendum was conducted during the period of March 24-28, 1997, among 
tobacco growers who sold tobacco on these markets in 1996 to determine 
producer approval/disapproval of the designation of these markets as 
one consolidated market. Therefore, for the 1997 and succeeding flue-
cured marketing seasons, the Tabor City and Whiteville, North Carolina, 
tobacco markets shall be designated as and called Tabor City-
Whiteville. The regulations are amended to reflect this new designated 
market.

EFFECTIVE DATE: June 5, 1997.

FOR FURTHER INFORMATION CONTACT: William O. Coats, Deputy Director, 
Tobacco Division, Agricultural Marketing Service, United States 
Department of Agriculture, P.O. Box 96456, Washington, D.C. 20090-6456; 
telephone number (202) 205-0508.

SUPPLEMENTARY INFORMATION: A notice was published in the March 13, 
1997, issue of the Federal Register (62 FR 11773) announcing that a 
referendum would be conducted among active flue-cured producers who 
sold tobacco on either Tabor City or Whiteville during the 1996 season 
to ascertain if such producers favored the consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Tabor City and Whiteville, 
North Carolina, would be designated as a flue-cured tobacco auction 
market and receive mandatory Federal grading of tobacco sold at auction 
for the 1997 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 Tabor City, North Carolina, on 
November 6, 1996, 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 March 24-28 referendum were mailed to 211 
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 197 responses: 160 eligible producers voted in 
favor of the consolidation; 22 eligible producers voted against the 
consolidation; and 15 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 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. The final rule will not exempt 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 is amended 
as follows:

PART 29--TOBACCO INSPECTION

    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).

Subpart D--Orders of Designation of Tobacco Markets

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


Sec. 29.8001  [Amended]

* * * * *

                                            Designated Tobacco Markets                                          
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                                                                               Order of                         
            Territory              Types of tobacco     Auction markets       designation          Citation     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
(ooo) North Carolina............  Flue-Cured........  Tabor City-         June 5, 1997......  (insert FR        
                                                       Whiteville.                             citation).       
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[[Page 24560]]

    Dated: April 30, 1997.
Lon Hatamiya,
Administrator.
[FR Doc. 97-11744 Filed 5-5-97; 8:45 am]
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