```
[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Proposed Rules]
[Pages 27912-27913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12813]

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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB-95-12]

Tobacco Inspection; Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Department is proposing to revise the regulations for 
flue-cured tobacco to add a special factor to identify lots of tobacco 
that contain 25 percent of an adjacent stalk position. This rule will 
encourage producers to offer a more desirable product for market by 
separating stalk positions.

DATES: Comments are due on or before June 26, 1995.

ADDRESSES: Send comments to John P. Duncan III, Director, Tobacco 
Division, [[Page 27913]] Agricultural Marketing Service (AMS), United 
States Department of Agriculture (USDA), Room 502 Annex Building, P.O. 
Box 96456, Washington, D.C. 20090-6456. Comments will be available for 
public inspection at this location during regular business hours.

FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Director, Tobacco 
Division, AMS, USDA, Room 502 Annex Building, P.O. Box 96456, 
Washington, D.C. 20090-6456. Telephone (202) 205-0567.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Department 
proposes to revise the Official Standard Grades for Flue-Cured Tobacco, 
U.S. Types 11-14 and Foreign Type 92 pursuant to the authority 
contained in the Tobacco Inspection Act of 1935, as amended (49 Stat. 
731; 7 U.S.C. 511 et seq.).
    The proposed revision will add a special factor (subgrade) to 
describe mixing of adjacent stalk positions. Stalk positions or groups 
as defined in the current standards are a division of a type covering 
closely related grades based on certain characteristics such as shape, 
body, or the general quality of tobacco. The traditional practice of 
sorting tobacco in the flue-cured marketing area has changed 
dramatically during the past decade. Producers are combining adjacent 
stalk positions which makes grading more difficult and has made U.S. 
tobacco less desirable for certain customers in the world market. This 
new special factor would identify any lot of tobacco which contains 25 
percent of an adjacent stalk position.
    The Flue-Cured Tobacco Cooperative Stabilization Corporation, 
composed of all flue-cured producers, recommended the adoption of a new 
mixed grade definition in a letter to the Department dated April 18, 
1995. Also, an Advisory Committee, appointed by Congress to study the 
government tobacco program in 1995, included a similar recommendation 
in their final report dated April 27, 1995. The committee was composed 
of 31 members representing tobacco producers, dealers and 
manufacturers.
    This rule has been determined not significant for the purposes of 
Executive Order 12866, and therefore has not been reviewed by the 
Office of Management and Budget.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed 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. The Administrator of the Agricultural 
Marketing Service, has determined that this action would not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule would not substantially affect the normal movement 
of the commodity in the marketplace. Compliance with this proposed rule 
would not impose substantial direct economic cost, recordkeeping, or 
personnel workload changes of small entities, and would not alter the 
market share or competitive positions of small entities relative to the 
large entities and would in no way affect normal competition in the 
marketplace.
    All persons who desire to submit written data, views, or arguments 
for consideration in connection with this proposal may file them with 
the Director, Tobacco Division, AMS, USDA, Room 502 Annex Building, 
P.O. Box 96456, Washington, D.C., 20090-6456, not later than (30 days 
after publication).

List 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, it is proposed that the 
regulations at 7 CFR Part 29 be amended as follows:

PART 29--TOBACCO INSPECTION

Subpart C--Standards

    1. The authority citation for Part 29, subpart C is revised to read 
as follows:

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

    2. Section 29.1059 is revised to read as follows:

Sec. 29.1059  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but which has a peculiar side or characteristic which 
tends to modify the grade. (See Rules 10, 21, 22, 26, 28, and 29.)
    3. A new Sec. 29.1135 is added to read as follows:

Sec. 29.1135  Rule 29.

    Any lot of tobacco containing 25 percent or more of an adjacent 
group, which otherwise meets the specifications of a grade shall be 
treated as a special factor grade by placing the special factor ``M'' 
preceding the grademark.
    4. In Sec. 29.1181, the first sentence in the paragraph immediately 
following table ``13 Grades of Nondescript'', is revised to read as 
follows:

Sec. 29.1181  Summary of standard grades.

* * * * *
    Special factors ``U'' (unsound), ``W'' (doubtful-keeping order), 
``S'' (strip), and ``M'' (mixed) may be applied to all grades. * * *

    Dated: May 19, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-12813 Filed 5-25-95; 8:45 am]
BILLING CODE 3410-02-P
```