[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Proposed Rules]
[Page 39432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18666]


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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. 64, No. 140 / Thursday, July 22, 1999 / 
Proposed Rules  

[[Page 39432]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-99-02]


Tobacco Inspection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of withdrawal of proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing its 
proposed rule published in the Federal Register on May 12, 1999. The 
rule proposed to revise the regulations for flue-cured tobacco to: add 
a special factor to the grademark to identify any lots of baled flue-
cured tobacco not opened for inspection; add bale dimensions and 
spacing requirements for uniform marketing display in auction 
warehouses; and adjust the poundage tolerance for a warehouse selling 
baled tobacco in excess of the sales schedule.

FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy 
Administrator, Tobacco Programs, AMS, USDA, Room 502 Annex Building, 
P.O. Box 96456, Washington, DC 20090-6456. Telephone (202) 205-0567.

SUPPLEMENTARY INFORMATION: This notice announces that AMS is 
withdrawing the proposal to amend regulations under Subpart B, 
Regulations; Subpart C, Standards, and Subpart G, Policy Statement and 
Regulations Governing Availability of Tobacco Inspection and Price 
Support Services to Flue-Cured Tobacco on Designated Markets, pursuant 
to the authority contained in the Tobacco Inspection Act of 1935, as 
amended (7 U.S.C. 511 et seq.). The proposal was published in the 
Federal Register on May 12, 1999 (64 FR 25462). The proposal would add 
a special factor ``B'' to the grademark to identify lots of baled flue-
cured tobacco not opened for inspection. Proposed provisions also would 
add bale dimensions and spacing requirements for uniform marketing 
display in auction warehouses and adjust the poundage tolerance for a 
warehouse selling baled tobacco in excess of the sales schedule.
    In response to the request for comments on the proposed rule, seven 
comments were received. These comments were from a national and state 
growers association, a leaf tobacco exporters association, a state farm 
bureau, a flue-cured tobacco cooperative stabilization corporation, a 
tobacco product manufacturer, and a member of congress. All of the 
comments opposed the addition of the special factor ``B'' to the 
grademark to identify lots of baled flue-cured tobacco not opened for 
inspection. The commenters' concerns included that special factors have 
traditionally been used to identify quality rather than packaging, the 
proposed special factor would add confusion to the marketplace, and 
that the special factor could be detrimental to sales. With regard to 
the other proposals concerning bale dimensions and spacing requirements 
and adjusting the poundage tolerance for a warehouse selling baled 
tobacco in excess of the sales schedule, one comment noted that farmers 
who had contacted the commenter were not opposed to those proposed 
provisions.
    After considering the comments, we have concluded that we should 
not proceed with a proposed rule based on the proposal because the 
revisions that would be necessary to reconcile the proposed regulations 
with the views expressed in the comments would be so significant that 
the final rule would be substantially different from the proposed rule 
on which the public had the opportunity to comment and which had been 
endorsed by the Flue-Cured Tobacco Advisory Committee. Therefore, we 
are withdrawing the May 12, 1999, proposed rule. We will continue the 
research project for the marketing of flue-cured tobacco in bales for 
the upcoming season beginning in July and we plan to develop new 
proposed regulations to address this alternative package method. The 
concerns and recommendations of all those who commented on the proposed 
rule that we are withdrawing will be considered during the development 
of any new proposed regulations. Further, we intend to publish an 
advance notice of proposed rulemaking in the Federal Register after the 
close of the next marketing season to solicit additional input from 
interested persons and to present opportunities for additional public 
participation in discussions of the scope, rationale, and basis of any 
new proposed regulation.

    Dated: July 15, 1999.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 99-18666 Filed 7-21-99; 8:45 am]
BILLING CODE 3410-02-P