[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Rules and Regulations]
[Pages 53075-53076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26393]



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  Federal Register / Vol. 66, No. 203 / Friday, October 19, 2001 / 
Rules and Regulations  

[[Page 53075]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-00-23]


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 Fairmont-Fair Bluff, North Carolina and 
Loris, South Carolina, to become the consolidated market of Fairmont-
Fair Bluff-Loris. A mail referendum was conducted during the period of 
June 4-8, 2001, among tobacco growers who sold tobacco on these markets 
in 2000 to determine producer approval/disapproval of the designation 
of these markets as one consolidated market. Therefore, for the 2001 
and succeeding flue-cured marketing seasons, the Fairmont-Fair Bluff, 
North Carolina and Loris, South Carolina, tobacco markets shall be 
designated as Fairmont-Fair Bluff-Loris. The regulations are amended to 
reflect this new designated market.

EFFECTIVE DATE: October 22, 2001.

FOR FURTHER INFORMATION CONTACT: William O. Coats, Associate Deputy 
Administrator, Tobacco Programs, Agricultural Marketing Service, United 
States Department of Agriculture, Stop 0280, 1400 Independence Avenue, 
SW., Washington, DC 20250-0280; telephone number (202) 205-0508.

SUPPLEMENTARY INFORMATION: A notice was published in the May 2, 2001, 
issue of the Federal Register (66 FR 21888) announcing that a 
referendum would be conducted among active flue-cured producers who 
sold tobacco on either Fairmont-Fair Bluff or Loris during the 2000 
season to ascertain if such producers favored the consolidation.
    The notice of referendum announced the determination by the 
Secretary that the consolidated market of Fairmont-Fair Bluff and 
Loris, would be designated as a flue-cured tobacco auction market and 
receive mandatory Federal grading of tobacco sold at auction for the 
2001 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, Tabor City, North Carolina, on November 9, 
2000, 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 June 4-8, 2001, referendum were mailed to 935 
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 213 responses: 168 eligible producers voted in 
favor of the consolidation; 16 eligible producers voted against the 
consolidation; and 29 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. All tobacco 
warehouses and producers fall within the confines of ``small business'' 
which are defined by the Small Business Administration (13 CFR 121.201) 
as those having annual receipts of less that $500,000, and small 
agricultural service firms are defined as those whose annual receipts 
are less that $3,500,000. There are approximately 190 tobacco 
warehouses and approximately 30,000 producers. 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.
    It is hereby found and determined that good cause exists for not 
postponing the effective date of this rule until 30 days after 
publication in the Federal Register because the 2001 flue-cured 
marketing season will begin about July 24 and this action is needed as 
soon as possible to establish the sales schedule for the season.

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

Subpart D--Order of Designation of Tobacco Markets

    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).


    2. In Sec. 29.8001, the table is amended by adding a new entry 
(qqq) to read as follows:


Sec. 29.8001  Designation of tobacco markets.

* * * * *

[[Page 53076]]



                                           Designated Tobacco Markets
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                                                                              Order of
           Territory              Types of tobacco     Auction markets       designation           Citation
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
(qqq) North Carolina, South      Flue-Cured........  Fairmont-Fair       October 22, 2001..  66 FR 53076.
 Carolina.                                            Bluff-Loris.
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    Dated: October 12, 2001.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 01-26393 Filed 10-18-01; 8:45 am]
BILLING CODE 3410-02-P