29924 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

Dated: June 5, 1996.

Kenneth C. Clayton,

Acting Administrator.

[FR Doc. 96–14971 Filed 6–12–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 29

[Docket No. TB–95–13]

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 Horse

Cave, Glasgow, and Greensburg,

Kentucky, to become the consolidated

market of Horse Cave-GlasgowGreensburg. 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 CaveGlasgow-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 § 29.8001, the table is amended

by adding a new entry (mmm) to read

as follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(mmm) Kentucky ......................................... burley ............ Horse Cave-Glasgow-Greensburg, KY ...... July 15, 1996.

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

7 CFR Part 982

[Docket No. FV96–982–1IFR]

Hazelnuts Grown in Oregon and

Washington; Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate for the

Hazelnut Marketing Board (Board)

under Marketing Order No. 982 for the

1996–97 and subsequent marketing

years. The Board is responsible for local

administration of the marketing order

which regulates the handling of

hazelnuts grown in Oregon and

Washington. Authorization to assess

hazelnut handlers enables the Board to

incur expenses that are reasonable and

necessary to administer the program.