[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Page 29924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14970]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 29
[Docket No. TB-95-13]
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 Horse Cave, Glasgow, and Greensburg,
Kentucky, to become the consolidated market of Horse Cave-Glasgow-
Greensburg. A mail referendum was conducted during the period of April
15-26, 1996, among tobacco growers who sold tobacco on these markets
the previous season to determine producer approval/disapproval of the
designation of these three markets as one consolidated market. Growers
approved the merger. Therefore, for the 1996 and succeeding burley
marketing seasons, the Horse Cave, Glasgow, and Greensburg, Kentucky,
tobacco markets shall be designated as and called Horse Cave-Glasgow-
Greensburg. The regulations are amended to reflect this new designated
market.
EFFECTIVE DATE: July 15, 1996.
FOR FURTHER INFORMATION CONTACT: Rebecca Fial, Assistant to the
Director, Tobacco Division, Agricultural Marketing Service, United
States Department of Agriculture, P.O. Box 96456, Washington, DC 20090-
6456; telephone number (202) 260-0151.
SUPPLEMENTARY INFORMATION: A notice was published in the March 18,
1996, issue of the Federal Register (61FR, 10902) announcing that a
referendum would be conducted among active burley producers who sold
tobacco on either Horse Cave, Glasgow, or Greensburg markets to
ascertain if such producers favored the consolidation.
The notice of referendum announced the determination by the
Secretary that the consolidated market of Horse Cave-Glasgow-
Greensburg, Kentucky, would be designated as a burley tobacco auction
market and receive mandatory Federal grading of tobacco sold at auction
for the 1996 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 Cave City, Kentucky, on September
13, 1995, 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 15-26 referendum were mailed to 7,602
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 2,124 responses: 1,815 eligible producers voted in
favor of the consolidation; 213 eligible producers voted against the
consolidation; and 96 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 12788,
Civil Justice Reform. This action is not intended to have retroactive
effect. The final 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. 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, subpart
D, is amended as follows:
PART 29--[AMENDED]
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
(mmm) to read as follows:
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Territory Types of tobacco Auction markets Order of designation Citation
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* * * * * *
*
(mmm) Kentucky............... burley............ Horse Cave- July 15, 1996.
Glasgow-
Greensburg, KY.
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Dated: June 5, 1996.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 96-14970 Filed 6-12-96; 8:45 am]
BILLING CODE 3410-02-P