12398 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

when done under an arrangement with

another person for production or

publication of the written product. It

does not, however, include participation

in the activities of a nonprofit

charitable, religious, professional,

social, fraternal, educational,

recreational, public service, or civic

organization, unless such activities

involve the provision of professional

services or advice or are for

compensation other than reimbursement

of expenses.

[FR Doc. 95–5553 Filed 3–6–95; 8:45 am]

BILLING CODE 3110–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[TB–94–35]

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 Tifton and

Fitzgerald-Ocilla, Georgia, to become

the consolidated market of TiftonFitzgerald-Ocilla. A mail referendum

was conducted during the period of

February 6–10, 1995, among tobacco

growers who sold tobacco on these

markets in 1994 to determine producer

approval/disapproval of the designation

of these markets as one consolidated

market. Growers approved the merger.

Therefore, for the 1995 and succeeding

flue-cured marketing seasons, the Tifton

and Fitzgerald-Ocilla, Georgia, tobacco

markets shall be designated as and

called Tifton-Fitzgerald-Ocilla. The

regulations are amended to reflect this

new designated market.

EFFECTIVE DATE: April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Director, Tobacco Division, Agricultural

Marketing Service, United States

Department of Agriculture, PO. Box

96456, Washington, DC. 20090–6456;

telephone number (202) 205–0567.

SUPPLEMENTARY INFORMATION: A notice

was published in the February 2, 1995,

issue of the Federal Register (60 FR

6452–53) announcing that a referendum

would be conducted among active fluecured producers who sold tobacco on

either Tifton or Fitzgerald-Ocilla, during

the 1994 season to ascertain if such

producers favored the consolidation.

The notice of referendum announced

the determination by the Secretary that

the consolidated market of TiftonFitzgerald-Ocilla, Georgia, would be

designated as a flue-cured tobacco

auction market and receive mandatory

Federal grading of tobacco sold at

auction for the 1995 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

Ocilla, Georgia, on November 7, 1994,

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 February 6–10

referendum were mailed to 152

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 45 responses: 41 eligible producers

voted in favor of the consolidation; 1

eligible producer voted against the

consolidation; and 3 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 Public Law 96–354,

the Regulatory Flexibility Act, 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. The Administrator has

determined that this action will not

have a significant economic 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).

§ 29.8001 [Amended]

2. In § 29.8001, the table is amended

by adding a new entry (hhh) to read as

follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(hhh) Georgia ................................. flue-cured ....................... Tifton-Fitzgerald-Ocilla ... ................................... April 6, 1995.

Dated: March 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5538 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 29

[TB–94–37]

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 Kingstree

and Hemingway, South Carolina, to

become the consolidated market of

Kingstree-Hemingway. A mail

referendum was conducted during the