[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Proposed Rules]
[Pages 4871-4872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1852]



      
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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 60, No. 16 / Wednesday, January 25, 1995 / 
Proposed Rules  
[[Page 4871]]

DEPARTMENT OF AGRICULTURE

Consolidated Farm Service Agency

7 CFR Part 723

RIN 0560-AD64, -AD65


National Marketing Quotas for Fire-Cured (Type 21), Fire-Cured 
(Types 22 & 23), Maryland (Type 32), Dark Air-Cured (Types 35 & 36), 
Virginia Sun-cured (Type 37), Cigar Filler (Type 41), Cigar Filler 
(Type 46) Cigar-Filler and Cigar-Binder (Types 42-44 & 53-55), and 
Cigar Binder (Types 51 & 52) Tobaccos

AGENCY: Consolidated Farm Service Agency, USDA.

ACTION: Proposed rule.

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SUMMARY: The Secretary of Agriculture (the Secretary) is required by 
the Agricultural Adjustment Act of 1938 (the Act), as amended, to 
proclaim by March 1, 1995, national marketing quotas for Maryland (type 
32), Virginia sun-cured (type 37), cigar filler (type 41), and cigar 
binder (types 51 & 52) tobacco for the 1995-96, 1996-97, and 1997-98 
marketing years (MY's) and to determine and announce the amounts of the 
national marketing quotas for fire-cured (type 21), fire-cured (types 
22 & 23), Maryland (type 32), dark air-cured (types 35 & 36), Virginia 
sun-cured (type 37), cigar-filler (type 41) cigar-filler (type 46), 
cigar-filler and cigar-binder (types 42-44 & 53-55), and cigar binder 
(types 51 & 52) kinds of tobacco for the 1995-96 MY. The public is 
invited to submit written comments, views, and recommendations 
concerning the determination of the national marketing quotas for such 
kinds of tobacco, and other related matters which are discussed in this 
proposed rule.

DATES: Comments must be received on or before February 3, 1995, in 
order to be assured of consideration.

ADDRESSES: Send comments to Robert Miller, Consolidated Farm Service 
Agency (CFSA), United States Department of Agriculture (USDA), room 
3739, South Building, P.O. Box 2415, Washington, DC 20013-2415. All 
written submissions will be made available for public inspection from 
8:15 a.m. to 4:45 p.m., Monday through Friday, except holidays, in room 
3739, South Building, 14th and Independence Avenue, SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Robert L. Tarczy, CFSA, USDA, room 
3739, South Building, P.O. Box 2415, Washington, DC 20013-2415, on 202 
720-8839.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The proposed rule has been determined to be not significant for 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by OMB.

Federal Assistance Program

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

Executive Order 12778

    This proposed rule has been reviewed in accordance with Executive 
Order 12778, Civil Justice Reform. The provisions of this rule do not 
preempt State laws, are not retroactive, and do not involve 
administrative appeals.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable because CFSA 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 of these determinations.

Paperwork Reduction Act

    The amendments to 7 CFR part 723 set forth in this proposed rule do 
not contain information collections that require clearance through the 
Office of Management and Budget under the provisions of 44 U.S.C. 
Chapter 35.

Discussion

    This proposed rule would amend 7 CFR part 723 to set forth the 
1995-crop marketing quotas for these nine kinds of tobacco.
    Section 312(b) of the Act provides that the Secretary shall 
determine and announce, not later than March 1, 1995, with respect to 
kinds of tobacco specified in this proposed rule, the amount of the 
national marketing quota which will be in effect for MY 1995 in terms 
of the total quantity of tobacco which may be marketed that will allow 
a supply of each kind of tobacco equal to the reserve supply level.
    Section 312(c) of the Act provides that, within 30 days after 
proclamation of national marketing quotas for Maryland (type 32), 
Virginia sun-cured (type 37), Pennsylvania filler (type 41), and cigar 
binder (types 51-52) the Secretary conduct referenda of farmers engaged 
in the 1994 production of each kind of tobacco to determine whether 
they favor or oppose marketing quotas for MY's 1995, 1996, and 1997. 
These referenda are required because MY 1994 is the last year of the 
three consecutive MYs for which marketing quotas previously proclaimed 
will be in effect; or because marketing quotas previously proclaimed 
were disapproved by producers in referenda held in 1992.
    The Secretary shall proclaim the results of any referendum. If more 
than one-third of the farmers voting in a referendum for a kind of 
tobacco oppose the quota, the national marketing quota previously 
proclaimed shall not become effective. The referendum results shall in 
no way affect or limit any subsequent quota proclamation and submission 
to a future referendum as otherwise authorized in section 312.
    Section 313(g) of the Act authorizes the Secretary to convert the 
national marketing quota into a national acreage allotment by dividing 
the national marketing quota by the national average yield for the 5 
years immediately preceding the year in which the national marketing 
quota is proclaimed. In addition, the Secretary is authorized to 
apportion, through county committees, the national acreage allotment to 
tobacco producing farms, less a reserve not to exceed 1 percent thereof 
for new farms, to make corrections and adjust inequities in old farm 
allotments, through the national factor. The national factor is 
determined by dividing the preliminary quota (the sum of quotas for old 
farms) into the quota determined for the marketing year in question 
(less the reserve). Procedures will continue unchanged for (1) 
converting marketing quotas into acreage allotments; (2) apportioning 
allotments among old [[Page 4872]] farms; (3) apportioning reserves for 
use in (a) establishing allotments for new farms, and (b) making 
corrections and adjusting inequities in old farm allotments; and (4) 
holding referenda.

Request for Comments

    This rule proposes to amend 7 CFR part 723, subpart A to include 
1995-crop national marketing quotas for fire-cured (type 21), fire-
cured (types 22 & 23), Maryland (type 32), dark air-cured (types 35 & 
36), Virginia sun-cured (type 37), cigar-filler (type 41), cigar-filler 
(type 46), cigar-filler and cigar-binder (types 42-44 & 53-55) and 
cigar binder (types 51 & 52) tobaccos. These nine kinds of tobacco 
account for about 6 percent of total U.S. tobacco production.
    Accordingly, comments are requested concerning the proposed 
establishment of the national marketing quotas for the subject tobaccos 
at the following levels:

(1) Fire-Cured (Type 21) Tobacco

    The 1995-crop national marketing quota for fire-cured (type 21) 
tobacco will range from 1.5 to 2.0 million pounds. This range reflects 
the assumption that the national acreage factor will range from 0.75 to 
1.0.

(2) Fire-Cured (Types 22 & 23) Tobacco

    The 1995-crop national marketing quota for fire-cured (types 22 & 
23) tobacco will range from 32.0 to 40.0 million pounds. This range 
reflects the assumption that the national acreage will range from 0.8 
to 1.0.

(3) Dark Air-Cured (Types 35 & 36) Tobacco

    The 1995-crop national marketing quota for dark air-cured (types 35 
& 36) tobacco will range from 8.0 to 10.0 million pounds. This range 
reflects the assumption that the national acreage factor will range 
from 0.8 to 1.0.

(4) Virginia Sun-Cured (Type 37) Tobacco

    The 1995-crop national marketing quota for Virginia sun-cured (type 
37) tobacco will range from 80,000 to 100,000 pounds. This range 
reflects the assumption that the national acreage factor will range 
from 0.8 to 1.0.

(5) Cigar-Filler and Cigar-Binder (Types 42-44 & 53-55) Tobacco

    The 1995-crop national marketing quota for cigar-filler and cigar-
binder (types 42-44 & 53-55) tobacco will range from 8.0 to 10.0 
million pounds. This range reflects the assumption that the national 
acreage factor will range from 0.8 to 1.0.

(6) Cigar Filler (Type 46) Tobacco

    The 1995-crop national marketing quota for cigar-filler (type 46) 
tobacco will be zero.

(7) Maryland (Type 32) Tobacco

    The national acreage factor will be 1.0 and the national marketing 
quota will be 5.8 million pounds.

(8) Pennsylvania Filler (Type 41) Tobacco

    The national acreage factor will be 1.0 and the national marketing 
quota will be 1.5 million pounds.

(9) Cigar Binder (Types 51 & 52) Tobacco

    The national acreage factor will be 1.0 and the national marketing 
quota will be 670,000 pounds.

List of Subjects in 7 CFR Part 723

    Acreage allotments, Marketing quotas, Penalties, Reporting 
recordkeeping requirements, Tobacco.

    Accordingly, it is proposed that 7 CFR part 723, subpart A be 
amended as follows:

PART 723--TOBACCO

    1. The authority citation for 7 CFR part 723 continues to read as 
follows:

    Authority: 7 U.S.C. 1301, 1311-1314, 1314-1, 1314b, 1314b-1, 
1314b-2, 1314c, 1314d, 1413e, 1314f, 1314i, 1315, 1316, 1362, 1363, 
1372-75, 1377-1379, 1421, 1445-1, and 1445-2.

    2. Sections 723.113 is amended by adding paragraph (c) to read 
follows:


Sec. 723.113  Fire-cured (type 21) tobacco.

    (a) * * *
    (b) * * *
    (c) The 1995-crop national marketing quota will range from 1.5 
million pounds to 2.0 million pounds.
    3. Section 723.114 is amended by adding paragraph (c) to read a 
follows:


Sec. 723.114  Fire-cured (types 22-23) tobacco.

    (a) * * *
    (b) * * *
    (c) The 1995-crop national marketing quota will range from 32.0 
million pounds to 40.0 million pounds.
    4. Section 723.115 is amended by adding paragraph (c) to read as 
follows:


Sec. 723.115  Dark air-cured (types 35-36) tobacco.

    (a) * * *
    (b) * * *
    (c) The 1995-crop national marketing quota will range from 8.0 
million pounds to 10.0 million pounds.
    5. Section 723.116 is amended by adding paragraph (c) to read as 
follows:


Sec. 723.116  Sun-cured (type 37) tobacco.

    (a) * * *
    (b) * * *
    (c) The 1995-crop national marketing quota will range from 80,000 
to 100,000 pounds.
    6. Section 723.117 is amended by adding paragraph (c) to read as 
follows:


Sec. 723.117  Cigar-filler and Cigar binder (types 42-44; 53-55) 
tobacco.

    (a) * * *
    (b) * * *
    (c) The 1995-crop national marketing quota will range from 8.0 
million pounds to 10.0 million pounds.
    7. Section 723.118 is amended by adding paragraph (c) to read as 
follows:


Sec. 723.118  Cigar filler (type 46) tobacco.

    (a) * * *
    (b) * * *
    (c) The 1995-crop national marketing quota is 0.0 million pounds.
    8. Section 723.119 is added to read as follows:


Sec. 723.119  Maryland (type 32) tobacco.

    The 1995-crop national marketing quota is 5.8 million pounds.
    9. Section 723.120 is added to read as follows:


Sec. 723.120  Pennsylvania filler (type 41) tobacco.

    The 1995-crop national marketing quota is 1.5 million pounds.
    10. Section 723.121 is added to read as follows:


Sec. 723.121  Cigar binder (types 51 & 52) tobacco.

    The 1995-crop national marketing quota is 670,000 pounds.

    Signed at Washington, DC on January 19, 1995.
Bruce R. Weber,
Acting Administrator, Consolidated Farm Service Agency.
[FR Doc. 95-1852 Filed 1-24-95; 8:45 am]
BILLING CODE 3510-05-P