[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16056]


[[Page Unknown]]

[Federal Register: July 1, 1994]


                                                   VOL. 59, NO. 126

                                               Friday, July 1, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Stabilization and Conservation Service
RIN 0560-AD81

 

1994-1995 Marketing Year Penalty Rates for All Kinds of Tobacco 
Subject to Quotas

AGENCY: Agricultural Stabilization and Conservation Service, USDA.

ACTION: Notice of determination.

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SUMMARY: This notice sets forth the determination of the 1994-1995 
marketing year penalty rate for excess tobacco for all kinds of tobacco 
subject to marketing quotas. In accordance with section 314 of the 
Agricultural Adjustment Act of 1938, as amended, marketing quota 
penalties for a kind of tobacco are assessed at the rate of seventy-
five (75) percent of the average market price for that kind of tobacco 
for the immediately preceding marketing year.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Michael D. Thompson, Agricultural 
Program Specialist, Tobacco and Peanuts Division, United States 
Department of Agriculture, Agricultural Stabilization and Conservation 
Service, P.O. Box 2415, Washington, DC 20013-2415, phone 202-720-4281.

SUPPLEMENTARY INFORMATION:

Executive Order 12886

    This action has been determined to be not-significant for purposes 
of Executive Order 12886 and therefore has not been reviewed by the 
Office of Management and Budget.

Federal Assistance Program

    The title and number of the Federal Assistance Program, as found in 
the Catalog of Federal Domestic Assistance, to which this notice 
applies are: Commodity Loan and Purchases--10.051.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this notice since the Agricultural Stabilization and 
Conservation Service is not required by 5 U.S.C. 553 or any other 
provision of law to publish a notice of proposed rulemaking with 
respect to the subject matter of this notice.

Executive Order 12372

    This activity is not subject to the provisions of Executive Order 
12372 which requires intergovernmental consultation with State and 
local officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).

Executive Order 12778

    Executive Order 12778 is not applicable to this notice.

Discussion

    Section 314 of the Agricultural Adjustment Act of 1938, as amended, 
provides that the rate of penalty per pound for a kind of tobacco that 
is subject to marketing quotas shall be seventy-five (75) percent of 
the average market price for such tobacco for the immediately preceding 
marketing year.
    For all kinds of tobacco subject to marketing quotas, except Puerto 
Rico (type 46) tobacco, The Agricultural Statistics Board, National 
Agricultural Statistical Service, United States Department of 
Agriculture determines and announces annually the average market prices 
for each type of tobacco. The penalty rates are determined on the basis 
of this information.
    The national marketing quota for Puerto Rico (type 46) tobacco for 
the immediately preceding marketing year was ``0'' pounds. There is no 
record of any such tobacco being marketed. Consequently, the penalty 
rate for the 1994-1995 marketing year cannot be determined based on 
seventy-five (75) percent of the average market price for the 
immediately preceding year. Therefore, the penalty rate for Puerto Rico 
(type 46) tobacco for the 1994-1995 marketing year shall be the same as 
the penalty rate determined for the 1989-1990 marketing year, the last 
year in which marketing information is available.
    Since the determination of the 1994-1995 marketing year rates of 
penalty reflect only mathematical computations which are required to be 
made in accordance with a statutory formula, it has been determined 
that no further public rulemaking is required.

Determination

    Accordingly, it is determined the 1994-1995 marketing year rates of 
penalty for kinds of tobacco subject to marketing quotas are as 
follows: 

                             Rate of Penalty                            
                       [1994-1995 Marketing Year]                       
------------------------------------------------------------------------
                                                               Cents per
                      Kinds of tobacco                           pound  
------------------------------------------------------------------------
Flue-Cured...................................................       1.26
Burley.......................................................       1.36
Fire-Cured (Type 21).........................................       1.29
Fire-Cured (Types 22 and 23).................................       1.65
Dark Air-Cured (Types 35 and 36).............................       1.29
Virginia Sun-Cured (Type 37).................................       1.14
Cigar-Filler and Binder (Types 42, 43, 44, 54, and 55).......       1.07
Puerto Rico Cigar-Filler (Type 46)...........................       .57 
------------------------------------------------------------------------

    Signed at Washington, DC on June 24, 1994.
Bruce R. Weber,
Acting Administrator, Agricultural Stabilization and Conservation 
Service.
[FR Doc. 94-16056 Filed 6-30-94; 8:45 am]
BILLING CODE 3410-05-P