[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Rules and Regulations]
[Page 25484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11890]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Doc. No. TB-02-14]
RIN 0581-AC11


Flue-Cured Tobacco Advisory Committee; Amendment to Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Agriculture (USDA) is adopting, as a 
final rule, without change, an interim final rule that amended the 
regulations for the Flue-Cured Tobacco Advisory Committee (FCTAC) by 
removing the sections which specify composition of the committee. The 
interim final rule allowed greater flexibility in responding to 
changing marketing conditions.

EFFECTIVE DATE: June 12, 2003.

FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy 
Administrator, Tobacco Programs, AMS, USDA, STOP 0280, 1400 
Independence Avenue, SW., Washington, DC 20250-0280; telephone number 
(202) 205-0567.

SUPPLEMENTARY INFORMATION: Since 1935, upon enactment of the Tobacco 
Inspection Act, the USDA has provided mandatory inspection services at 
designated tobacco auction markets. In 2002, based on results of 
referenda conducted among producers eligible for price support, 
regulations were amended to provide mandatory inspection at places 
other than designated tobacco auction markets. The USDA has always 
sought the input of the industry in implementing legislative authority 
concerning marketing due to the large geographic areas involved and the 
different procedure in individual types of tobacco such as size and 
weight of packages used to display the product, the number of 
designated markets, the number of sets of buyers present, the number of 
sales days, and other matters that directly impact on the operation of 
the auction markets and, therefore, the Federal presence necessary to 
provide the level of service desired by producers and industry.
    In 1974, at the request of the industry, the USDA established the 
Flue-Cured Tobacco Advisory Committee (FCTAC) to provide a mechanism 
for consultation with flue-cured producers, warehouse representatives, 
and buying interests on the problems peculiar to that type of tobacco 
with particular emphasis on the grower designation program. The 
composition of the committee was specified in regulations although it 
was not necessary and is not customary. The FCTAC recommended that the 
regulations referencing its composition and representation be removed. 
Removal of these regulations will not alter the FCTAC's purpose nor 
direction for an orderly marketing of tobacco but will allow the USDA 
more flexibility in making structural changes in its composition as a 
result of new marketing changes. Historically, almost all flue-cured 
tobacco was sold at auction. In recent years, most flue-cured tobacco 
has been sold under contract.
    The USDA published in the Federal Register on October 1, 2002 (67 
FR 61467), an interim final rule amending the regulations for the FCTAC 
by removing the sections which specify composition of the committee. In 
that action, paragraphs (b), (c), (d), and (e), of Sec.  29.9403, were 
removed. The USDA requested comments on the interim final rule and the 
comment period expired on October 31, 2002. No comments were received.

Executive Order 12866 and 12988

    This rule has been determined to be not 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 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
The rule will not exempt any State of 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.

Regulatory Flexibility Act

    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 than $750,000, 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 450,000 tobacco producers and most warehouses and 
producers may be classified as small entities. The AMS has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities. This final rule will not 
substantially affect the normal movement of the commodity into the 
marketplace. Compliance with this final rule will not impose 
substantial direct economic cost, recordkeeping, or personnel workload 
changes on small entities, and will not alter the market share of 
competitive positions of small entities relative to the large entities 
and will in no way affect normal competition in the marketplace. This 
rule merely removes section of the regulations that specify composition 
of the FCTAC.

List of Subjects in 7 CFR Part 29

    Administrative practice and procedure, Advisory committees, 
Government publications, Imports, Pesticides and pests, Reporting and 
recordkeeping procedures, Tobacco.

0
For the reasons set forth in the preamble, 7 CFR part 29 is amended as 
follows:

PART 29--TOBACCO INSPECTION

0
Accordingly, the interim final rule amending 7 CFR part 29 which was 
published at 67 FR 61467 on October 1, 2002, is adopted as a final rule 
without change.

    Dated: May 7, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-11890 Filed 5-12-03; 8:45 am]
BILLING CODE 3410-02-P