[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Proposed Rules]
[Pages 35452-35453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17103]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 126 / Tuesday, July 1, 1997 / 
Proposed Rules  

[[Page 35452]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-97-05]


Tobacco Inspection: Subpart C--Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Department is proposing to amend the regulations under the 
Official Standard Grades for Burley Tobacco to delete from the 
definition of ``Rework'' the reference to a lot of tobacco exceeding an 
average bale weight of 100 pounds. This action is being taken because 
average bale weight is not a significant factor for determining the 
quality of tobacco and classifying tobacco as ``No Grade'' solely 
because the average bale weight exceeds 100 pounds precludes producers 
from receiving an accurate description of their product at the 
marketplace.

DATES: Comments are due on or before September 2, 1997.

ADDRESSES: Send comments to John P. Duncan III, Director, Tobacco 
Division, Agricultural Marketing Service (AMS), United States 
Department of Agriculture (USDA), Room 502 Annex Building, P.O. Box 
96456, Washington, D.C. 20090-6456. Comments will be made available for 
public inspection at this location during regular business hours.

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. Telephone (202) 205-0567.

SUPPLEMENTARY INFORMATION: The Department proposes to amend the 
Official Standard Grades for Burley Tobacco, U.S. Type 31 and Foreign 
Type 93, pursuant to the authority contained in the Tobacco Inspection 
Act of 1935, as amended (49 Stat. 731; 7 U.S.C. 511 et seq.).
    The proposed revision would delete the reference to lots of tobacco 
exceeding an average bale weight of 100 pounds from the definition of 
``Rework.''
    In 1995, the regulations were amended (60 FR 7429) to provide that 
lots of burley tobacco in which the average bale weight exceeded 100 
pounds would be classified as needing to be reworked. That amendment 
was in response to a request from the tobacco industry. The basis of 
that request was that those bales within a lot exceeding 100 pounds had 
a higher potential for deterioration affecting the quality and value of 
the tobacco.
    During the grading process, the USDA inspector looks at the total 
weight of the lot listed on the inspection certificate and divides by 
the number of bales to ascertain the average bale weight. When a lot is 
identified as exceeding the average bale weight, it is classified as 
needing to be reworked and given the grademark ``No-G'' meaning No 
Grade. The No Grade designation is also used to classify lots that are 
nested, offtype, semicured, damaged 20 percent or more, abnormally 
dirty, extremely wet or watered, matter, or has an odor foreign to the 
type. A lot of tobacco that otherwise meets the specifications of a 
standard grade, but exceeds the 100 pound average bale weight 
criterion, is classified in a category of less desirable tobacco. This 
one factor precludes the producer from receiving an accurate 
description of their product at the marketplace.
    After reviewing the average bale weight provision for two marketing 
seasons, the agency believes that it reduces the accuracy of applying 
the grade standards. Tobacco which is of doubtful keeping order may be 
identified and graded as such without regard to average bale weight.
    This rule has been determined not significant for the purpose of 
Executive Order 12866, and therefore has not been reviewed by the 
Office of Management and Budget.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed 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 provision of 
this rule.
    Additionally, in conformance with the provision 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. There are approximately 160 tobacco 
warehouses and approximately 250,000 producers.
    The Agricultural Marketing Service has determined that this action 
would not have a significant economic impact on a substantial number of 
small entities. The proposal would amend the regulations to delete from 
the definition of ``Rework'' the reference to a lot of tobacco 
exceeding an average bale weight of 100 pounds. This action is being 
taken because average bale weight is not a significant factor for 
determining the quality of tobacco. Classifying tobacco as ``No Grade'' 
solely because the average bale weight exceeds 100 pounds precludes 
producers from receiving an accurate description of their product at 
the marketplace. This proposed 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, record 
keeping, 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.
    All persons who desire to submit written data, views, or arguments 
for consideration in connection with this proposal may file them with 
the Director, Tobacco Division, AMS, USDA, Room 502 Annex Building, 
P.O. Box 96456, Washington, D.C. 20090-6456, and not later than (60 
days after publication).

List of Subjects in 7 CFR Part 29

    Administrative practice and procedure, Advisory committees, 
Government publications, Imports,

[[Page 35453]]

Pesticides and pests, Reporting and record keeping requirements, 
Tobacco.

    For the reasons set forth in the preamble, it is proposed that the 
7 CFR part 29 be amended as follows:

PART 29--TOBACCO INSPECTION

    1. The authority citation for part 29, subpart C continues to read 
as follows:

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

Subpart C--Standards

    2. In Sec. 29.3053, paragraph (b) would be revised to read as 
follows:


Sec. 29.3053  Rework.

* * * * *
    (b) Tobacco not properly tied in hands, not packed in bales 
approximately 1 x 2 x 3 feet, not oriented, not packed straight, bales 
not opened for inspection when chosen by a grader, or otherwise not 
properly prepared for market.

* * * * *
    Dated: June 24, 1997.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 97-17103 Filed 6-30-97; 8:45 am]
BILLING CODE 3410-02-P