[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
Federal Register
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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.
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Designated Tobacco Markets
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Order of
Territory Types of tobacco Auction markets destination Citation
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* * * * * *
(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]
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