[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Rules and Regulations]
[Pages 60155-60156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29498]



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  Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / 
Rules and Regulations  

[[Page 60155]]


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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: Final rule.

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SUMMARY: The Department of Agriculture (Department) is revising the 
regulations under the Official Standard Grades for Burley Tobacco to 
remove 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.

EFFECTIVE DATE: November 10, 1997.

FOR FURTHER INFORMATION CONTACT: John P. Duncan III, (202) 205-0567.

SUPPLEMENTARY INFORMATION: Notice was given (62 FR 35452, Tuesday, July 
1, 1997) that the Department proposed to revise the Official Standard 
Grades for Burley Tobacco, U.S. Type 31 and Foreign Type 93, to delete 
the reference to a lot of tobacco exceeding an average bale weight of 
100 pounds from the definition of ``Rework.'' That provision had been 
added to the regulations in 1995 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, contain foreign matter, or have 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.
    Interested parties were given an opportunity to comment on the 
proposed rule. A total of 16 separate comments were received. Those 
comments in favor of the proposal consisted of six separate comments 
and seven other comments signed by more than one individual (344 
individuals signed these comments). The favorable comments stated that 
they were either opposed to AMS enforcing the 100 pound average bale 
weight provision or that they did not believe that the grading service 
should be involved in restrictions of weight of an individual bale of 
burley tobacco.
    Three responses were in opposition to the proposal and stated they 
were in favor of AMS continuing to regulate bale weight, citing the 
desirability of uniform packaging and expressing concerns that bales of 
excessive weight increase the risk of damage to the tobacco, injuries 
to workers, and shipping problems. With regard to uniform packaging, 
the existing regulation provided for an average bale weight and did not 
assure uniformity between and among individual bales. With regard to 
the other concerns raised by the three commenters, the provisions for 
rework made final in this rule are the same as those provisions that 
originally existed for rework prior to the last two seasons. Again, the 
100 pound average bale provision did not assure uniformity nor did it 
necessarily eliminate any of the concerns raised by the comments. After 
consideration of all available information, we are eliminating the 100 
pound average bale weight provisions and making this rule final as 
proposed.
    After consideration of comments on the proposal and other relevant 
information, the Department hereby adopts the regulations as proposed.
    This final 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 final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This 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 this final 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 
will not have a significant economic impact on a substantial number of 
small entities. This revision will 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 final rule will not substantially affect the 
normal movement of the commodity in the

[[Page 60156]]

marketplace. Compliance with this rule will not impose substantial 
direct economic cost, recordkeeping, or personnel workload changes on 
small entities, and will not alter the market share or competitive 
positions of small entities relative to the large entities and will no 
way affect normal competition in the marketplace.
    In addition, under 5 U.S.C. 553, good cause has been found to make 
this rule effective less than 30 days after publication because it is 
necessary that the regulation be effective at the beginning of the 
marketing season which begins in November. Therefore, in order to treat 
all marketing areas on an equal basis, this final rule is made 
effective the day following the date of publication in the Federal 
Register.

List of Subjects in 7 CFR Part 29

    Administrative practice and procedure, Advisory committees, 
Government publications, Imports, Pesticides and pests, Reporting and 
recordkeeping requirements, 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 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) is 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: November 4, 1997.
Thomas A. O'Brien,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 97-29498 Filed 11-6-97; 8:45 am]
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