[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Page 34231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16078]



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DEPARTMENT OF AGRICULTURE
Consolidated Farm Service Agency
RIN 0560-AE34


1995-1996 Marketing Year Penalty Rates for All Kinds of Tobacco 
Subject to Quotas

AGENCY: Consolidated Farm Service Agency, USDA.

ACTION: Notice of Determination.

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SUMMARY: This notice sets forth the determination of the 1995-1996 
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 (the 1938 Act), 
marketing quotas for a kind of tobacco are assessed at the rate of 75 
percent of the average market price for that kind of tobacco for the 
immediately preceding marketing year.

EFFECTIVE DATE: June 30, 1995.

FOR FURTHER INFORMATION CONTACT: Joe Lewis, Jr., Tobacco and Peanuts 
Division, Consolidated Farm Service Agency (CFSA), United States 
Department of Agriculture, P.O. Box 2415, Washington, DC 20013-2415, 
telephone (202) 720-0795.

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 rule applies 
are: Commodity Loans and Purchases--10.051.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this notice since the 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 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 a 48 FR 29115 (June 24, 1983).

Executive Order 12778

    Executive Order 12778 is not applicable to this notice.

Discussion

    Section 314 of the 1938 Act, provides that the rate of penalty per 
pound for a kind of tobacco that is subject to marketing quotas shall 
be 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 1995-1996 marketing year cannot be determined based on 75 
percent of the average marketing price for the immediately preceding 
year. Therefore, the penalty rate for Puerto Rico (type 46) tobacco for 
the 1995-1996 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 1995-1996 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 1995-1996 marketing year rates of 
penalty for all kinds of tobacco subject to marketing quotas are as 
follows:

                             Rate of Penalty                            
                       [1995-1996 Marketing Year]                       
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                                                              Cents per 
                      Kinds of tobacco                          pound   
------------------------------------------------------------------------
Flue-Cured.................................................         1.27
Burley.....................................................         1.38
Fire-Cured (Type 21).......................................         1.21
               Fired-Cured (Types 22 and 23)                        1.57
Dark Air-Cured (Types 35 and 36)...........................         1.27
Virginia Sun-Cured (Type 37)...............................         1.11
Cigar Filler and Binder (Types 42, 43, 44, 54, and 55......         l.09
Puerto Rico Cigar-Filler (Type 46).........................          .57
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    Signed at Washington, D.C., on June 26, 1995.
Bruce R. Weber,
Acting Administrator, Consolidated Farm Service Agency.
[FR Doc. 95-16078 Filed 6-29-95; 8:45 am]
BILLING CODE 3410-05-P