[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29529-29530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14423]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Rules 
and Regulations  

[[Page 29529]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-97-16]


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 Clarksville and Chase City, Virginia, to 
become the consolidated market of Clarksville-Chase City. A mail 
referendum was conducted during the period of April 27-May 1, 1998, 
among tobacco growers who sold tobacco on these markets in 1997 to 
determine producer approval/disapproval of the designation of these 
markets as one consolidated market. Therefore, for the 1998 and 
succeeding flue-cured marketing seasons, the Clarksville and Chase 
City, Virginia, tobacco markets shall be designated as and called 
Clarksville-Chase City. The regulations are amended to reflect this new 
designated market.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT: William O. Coats, Associate Deputy 
Administrator, Tobacco Programs, 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 April 20, 
1998, issue of the Federal Register (63 FR,19415) announcing that a 
referendum would be conducted among active flue-cured producers who 
sold tobacco on either Clarksville or Chase City during the 1997 season 
to ascertain if such producers favored the consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Clarksville and Chase City, 
would be designated as a flue-cured tobacco auction market and receive 
mandatory Federal grading of tobacco sold at auction for the 1998 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, Clarksville, Virginia, on November 7, 1997, 
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 27-May 1, 1998, referendum were mailed to 511 
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 131 responses: 100 eligible producers voted in 
favor of the consolidation; 9 eligible producers voted against the 
consolidation; and 22 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 
(ppp) to read as follows:


Sec. 29.8001  Designation of tobacco markets.

* * * * *

                                           Designated Tobacco Markets                                           
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                                                                               Order of                         
            Territory              Types of tobacco     Auction markets       destination          Citation     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
(ppp)Virginia...................  Flue-Cured........  Clarksville-Chase   July 1, 1998......  (Insert Federal   
                                                       City.                                   Register         
                                                                                               citation.)       
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[[Page 29530]]

    Dated: May 26, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-14423 Filed 5-29-98; 8:45 am]
BILLING CODE 3410-02-P