[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61193-61194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29171]



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 Rules and Regulations
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  Federal Register/Vol. 60, No. 229/Wednesday, November 29, 1995/Rules 
and Regulations  

[[Page 61193]]


DEPARTMENT OF AGRICULTURE

Consolidated Farm Service Agency

7 CFR Part 723

RIN 0560-AE27


Tobacco Marketing Quotas, Acreage Allotments, and Production 
Adjustment

AGENCY: Consolidated Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: Section 1106 of the Omnibus Budget Reconciliation Act of 1993 
(1993 Act) amended the Agricultural Adjustment Act of 1938 (1938 Act) 
to add section 320C which sets out, for tobacco, certain ``domestic 
marketing assessment'' (DMA) provisions that generally required a 
``domestic manufacturer of cigarettes'' (as defined in the 1938 Act) to 
pay certain assessments and to make certain additional tobacco 
purchases if, for any calendar year beginning with the 1994 calendar 
year, domestic tobacco constituted less than 75 percent of the total 
tobacco used by the manufacturer to produce cigarettes in the United 
States. Implementing rules were published in the Federal Register on 
January 11, 1994, and June 1, 1994. This rule provides, as specified in 
Section 422 of the Uruguay Round Agreements Act (URAA), that the DMA is 
limited to the 1994 calendar year as a result of the Tariff Rate Quota 
(TRQ) proclaimed by the President on September 12, 1995, in accordance 
with Article 28 of the General Agreement on Tariffs and Trade (GATT).

EFFECTIVE DATE: November 29, 1995.

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

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule has been determined to be significant and was 
reviewed by the Office of Management and Budget (OMB) under Executive 
Order 12866.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this final rule since the CFSA is not required by 5 
U.S.C. 553 or any other provision of law to publish a notice of 
proposed rule making with respect to the subject matter of this rule.

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.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an environmental assessment nor an 
environmental impact statement is needed.

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

    This final rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this final rule are not retroactive, 
except to the extent indicated below, and preempt State laws to the 
extent that such laws are inconsistent with the provisions of this 
final rule. Before any legal action is brought regarding determinations 
made under provisions of 7 CFR part 723, the administrative appeal 
provisions must be exhausted.

Paperwork Reduction Act

    This final rule does not contain new or revised information 
collection requirements that require approval by OMB under the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq.) The current 
information collection requirements were approved by OMB and assigned 
control number 0560-0058.

Background and Discussion

    Provisions of the 1993 Act imposed certain assessments and other 
obligations on certain manufacturers of cigarettes in the event that, 
beginning with calendar year 1994, the tobacco used by the manufacturer 
over the course of a calendar year for cigarettes produced in the 
United States was not at least 75 percent domestic tobacco. Because of 
a GATT dispute concerning tobacco, there have been ongoing negotiations 
under GATT Article 28 toward establishing a tobacco TRQ. The URAA was 
enacted on December 8, 1994, and section 422 of the URAA provides that 
the DMA provisions of the 1993 Act will be limited to the 1994 calendar 
year in the event that a TRQ is proclaimed by the President in 
connection with the Article 28 tobacco negotiations. The President 
issued such a proclamation on September 12, 1995 (60 FR 47663). 
Accordingly, this final rule provides that the DMA requirements of 7 
CFR part 723 are limited to the 1994 calendar year because the 
President has taken the action which triggers the limitation. Since 
this final rule implements a mandatory provision of law, it has been 
determined that it is in the public interest that the modification of 7 
CFR part 723 be issued as a final rule without prior public comment.

List of Subjects in 7 CFR Part 723

    Acreage allotments, Assessments, Marketing quotas, Penalties, 
Reporting and recordkeeping requirements, Tobacco.
    For the reasons set forth in the preamble, 7 CFR part 723 is 
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, 1314e, 1314f, 1314i, 1315, 1316, 1362, 1363, 
1372-75, 1377-1379, 1421, 1445-1 and 1445-2.

    2. Part 723 is amended by adding a new Sec. 723.509 to subpart E to 
read as follows: 

[[Page 61194]]



Sec. 723.509  Limitation of subpart to 1994 production.

    Notwithstanding any other provision of this subpart, the 
requirements and provisions of this subpart shall not apply to 
cigarettes produced after December 31, 1994.

    Signed at Washington, DC, on November 21, 1995.
Bruce R. Weber,
Administrator, Consolidated Farm Service Agency.
[FR Doc. 95-29171 Filed 11-28-95; 8:45 am]
BILLING CODE 3410-05-P