12400 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

seasons, subject to the results of the

referendum. The determination was

based on the evidence and arguments

presented at a public hearing held in

Fair Bluff, North Carolina, on November

10, 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 Tobacco 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 735

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 308 responses: 293 eligible producers

voted in favor of the consolidation; 6

eligible producers voted against the

consolidation; and 9 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 Pub. L. 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 (jjj) to read as

follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(jjj) North Carolina .......................... flue-cured ....................... Clarkton-Chadbourn ...... ........................................ April 6, 1995.

Dated: March 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5540 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 29

[TB–94–32]

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 Fairmont

and Fair Bluff, North Carolina, to

become the consolidated market of

Fairmont-Fair Bluff. 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

Fairmont and Fair Bluff, North Carolina,

tobacco markets shall be designated as

and called Fairmont-Fair Bluff. The

regulations are amended to reflect this

new designated market.

EFFECTIVE DATE: April 6, 1992.

FOR FURTHER INFORMATION CONTACT:

Director, Tobacco Division, Agricultural

Marketing Service, United States

Department of Agriculture, P.O. Box

96456, Washington, D.C. 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,

6453) announcing that a referendum

would be conducted among active fluecured producers who sold tobacco on

either Fairmont or Fair Bluff, 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 FairmontFair Bluff, North Carolina, 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

Fair Bluff, North Carolina, on November

10, 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 1,100

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 570 responses: 467 eligible producers

voted in favor of the consolidation; 84

eligible producers voted against the

consolidation; and 19 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,
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12401

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.

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 (kkk) to read as

follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(kkk) North Carolina ....................... flue-cured ....................... Fairmont-Fair Bluff ......... ........................................ April 6, 1995.

Dated: March 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5537 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 56

[Docket No. PY–92–004]

RIN 0581–AA60

Voluntary Shell Egg Grading

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Agricultural Marketing

Service (AMS) is issuing amendments to

the voluntary shell egg grading

regulations and standards in response to

new technology and current practices in

the shell egg industry and to conform to

statutory requirements. The amended

regulations define washed ungraded

eggs and clarify the definition of a

quality assurance inspector; add age and

disability as types of prohibited

discrimination in providing grading

services; clarify the type of facilities and

equipment to be supplied to a grader

and the method by which cartons of

eggs are to be identified; update grading

room requirements to include

mechanized shell egg operations and to

require rinse water to be at least as

warm as wash water; harmonize the

standards for quality of individual shell

eggs for B quality in U.S. Nest-Run

grades with the U.S. Standards for

Quality of Individual Shell Eggs for B

quality; and delete wholesale shell egg

grades and weight classes.

EFFECTIVE DATE: April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Larry W. Robinson, Chief, Grading

Branch, 202–720–3271.

SUPPLEMENTARY INFORMATION:

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have

retroactive effect. This rule would 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.

The AMS Administrator has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities, as

defined by the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.), because the

revisions reflect current industry

production and marketing practices.

The information collection

requirements that appear in § 56.17(b)

and § 56.37 to be amended by the rule

have been previously approved by the

Office of Management and Budget and

assigned OMB Control No. 0581–0128,

under the Paperwork Reduction Act of

1980.

Background

Periodically the Poultry Division of

AMS reviews its existing regulations. As

a result of a review, it was determined

that several revisions were necessary to

make the shell egg standards and

regulations for grading shell eggs more

useful and efficient.

The grading of shell eggs by the AMS

is a voluntary program, provided under

the Agricultural Marketing Act of 1946,

as amended (7 U.S.C. 1621 et seq.), and

is offered on a fee-for-service basis. The

grading program is designed to assist

orderly marketing of shell eggs.

Therefore, the standards must keep

abreast of new technology and

advancements in production and

marketing practices.

Accordingly, AMS is amending the

voluntary shell egg grading regulations

to redefine ‘‘quality assurance

inspector’’ to exclude from this

designation a plant owner, manager,

foreman, or supervisor and to clarify

that the quality assurance inspector is

authorized to examine product.

The amendments also define the term

‘‘washed ungraded eggs’’ to mean shell

eggs which have been washed but not

subject to any grading or segregation for

quality.

The amendments update the

regulations to comply with current

statutory requirements regarding

providing grading services and licensing

graders without discrimination due to

age or disabilities.

The facilities and equipment which

the applicant furnishes the graders are

expanded to include other facilities and

equipment as may otherwise be

required.

The amendments revise the

regulations to comply with the Nutrition

Labeling and Education Act of 1990.

Also revised are the existing methods

of identifying cartons to require that

each officially identified carton of shell

eggs be lot numbered on either the

carton or the consumer package.

The amendments revise the minimum

facility and operating requirements for

shell egg grading and packing plants by

updating grading room requirements.

Shell egg cleaning operations also are

revised to require that the temperature

of the water used to spray rinse shell

eggs be at least as warm as the water

used to wash the shell eggs.

Additionally, the National Supervisor is

specifically authorized to approve