Tobacco inspection: Referendum results,
[Federal Register: June 1, 1998 (Volume 63, Number 104)]
[Rules and Regulations]
[Page 29529-29530]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn98-1]
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[[Page 29529]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. TB-97-16]
Tobacco Inspection; Growers' Referendum Results
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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
-
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
-
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.
* * * * *
Designated Tobacco Markets
Order of
Territory
Types of tobacco Auction markets destination
Citation
*
*
*
*
*
*
(ppp)Virginia................... Flue-Cured........ Clarksville-Chase July 1, 1998...... (Insert Federal City.
Register
citation.)
[[Page 29530]]
Dated: May 26, 1998. Enrique E. Figueroa, Administrator, Agricultural Marketing Service.
[FR Doc. 98-14423Filed5-29-98; 8:45 am]
BILLING CODE 3410-02-P
