[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Rules and Regulations]
[Pages 67469-67470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31302]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 64, No. 231 / Thursday, December 2, 1999 / 
Rules and Regulations  

[[Page 67469]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-99-10]
RIN 0581-AB65


Tobacco Inspection; Subpart B--Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) is amending the 
regulations governing permissive inspection of tobacco to provide for 
special tests and services requested by the industry. This regulatory 
change is based on a recommendation by the Burley Tobacco Advisory 
Committee to provide moisture testing for burley tobacco. The buying 
segment of the tobacco industry has requested that moisture testing be 
performed by AMS on all burley tobacco marketed during the 1999-2000 
marketing season. These amendments will provide regulatory authority to 
conduct moisture testing and collect fees and charges for these 
services.

DATES: Effective December 3, 1999; comments received by January 31, 
2000, will be considered prior to issuance of a final rule.

ADDRESSES: Send comments to John P. Duncan III, Deputy Administrator, 
Tobacco Programs, Agricultural Marketing Service (AMS), United States 
Department of Agriculture (USDA), Room 502 Annex Building, P.O. Box 
96456, Washington, DC 20090-6456; or Fax: (202) 205-0235. Comments will 
be made available for public inspection at this location during regular 
business hours.

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, 
Fax: (202) 205-0235.

SUPPLEMENTARY INFORMATION: This rule will amend the regulations 
governing the permissive inspection of tobacco pursuant to the 
provisions of the Tobacco Inspection Act (49 stat. 741, 7 U.S.C. 511 et 
seq.).
    The Burley Tobacco Advisory Committee made a recommendation on June 
10, 1999, that AMS conduct moisture testing on all burley tobacco 
offered for sale at designated auction markets. The recommendation was 
contingent on successful price negotiations between the buying segment 
and burley tobacco warehouse operators. The committee further 
recommended that tobacco marketed in an experimental unitized package 
be turned 90 degrees within the row as a condition of the testing 
process.
    During the 1998-1999 marketing season, approximately 60 million 
pounds of burley tobacco was sold in the experimental unitized package 
and tested for moisture content by the warehouse operators. The 
unitized bale is a new experimental package consisting of an even 
number of traditional burley bales with one additional bale opened and 
evenly arranged on top which is securely bound with metal wires to form 
a rectangular cube.
    Due to integrity issues between the buying and warehouse segments 
of the industry, it was recommended that a third party entity perform 
the moisture testing. After three months of discussions and 
negotiations by the buying segment and the Burley Auction Warehouse 
Association, representing 95 percent of burley tobacco warehouse 
operators, a commitment was obtained from the four major tobacco 
companies purchasing burley tobacco to reimburse AMS $.0020 per pound 
for providing moisture testing services. These testing services would 
be conducted on all burley tobacco, including the traditional lot 
consisting of a maximum of eight bales and the experimental unitized 
package, offered for sale at designated markets.
    Accordingly, this rule will provide regulatory authority to conduct 
special testing services for interested parties and charge fees to 
recover the costs of providing the service as determined by the Deputy 
Administrator, Tobacco Programs.
    This rule has been determined to be ``non significant'' for 
purposes of Executive order 12866, and therefore, has not been reviewed 
by the Office of Management and Budget.
    This rule has been reviewed under Executive Order 12866, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This 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 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. 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 190 tobacco 
warehouses and approximately 30,000 producers and most warehouses and 
producers may be classified as small entities. The Agricultural 
Marketing Service has determined that this action will not have a 
significant economic impact on a substantial number of small entities.
    It is hereby found and determined upon good cause that it is 
impracticable, unnecessary, and contrary to the public interest to give 
preliminary notice prior to putting this rule into effect and that good 
cause exists for not postponing the effective date of this rule until 
30 days after publication in the Federal Register because: (1) The 
1999-2000 burley marketing season is scheduled to begin in November 
1999 and this action is needed as soon as possible so that equipment 
may be acquired and grading personnel may be trained in its use; and 
(2) this interim final rule provides a 60-day comment period, and all 
comments timely received will be considered prior to finalization of 
this rule.

[[Page 67470]]

Lists 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

Subpart B--Regulations

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

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

    2. Section 29.56 is amended by adding a sentence at the end of the 
section to read as follows:


Sec. 29.56  Permissive inspection.

    * * * Special tests and services may be performed for interested 
persons to the extent that available facilities will permit, subject to 
the payment of fees as determined by the Deputy Administrator, Tobacco 
Programs.
    3. In Sec. 29.123, a new paragraph (e) is added to read as follows:


Sec. 29.123  Fee and charges.

* * * * *
    (e) Fees for special tests and services will be determined by the 
Deputy Administrator, Tobacco Programs.

    Dated: November 26, 1999.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 99-31302 Filed 12-1-99; 8:45 am]
BILLING CODE 3410-02-P