[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Proposed Rules]
[Pages 5316-5317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2929]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 29 / Monday, February 12, 1996 / 
Proposed Rules  

[[Page 5316]]


DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 723

RIN 0560-AE46


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

AGENCY: Farm Service Agency, USDA.

ACTION: Proposed rule.

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SUMMARY: The Secretary of Agriculture (the Secretary), is required to 
proclaim by March 1, 1996, national marketing quotas for cigar filler 
(type 46) and cigar filler and cigar binder (types 42-44; 53-55) 
tobaccos for the 1996-97, 1997-98, and 1998-99, 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), dark air-
cured (types 35 & 36), Virginia sun-cured (type 37), cigar-filler (type 
46), and cigar-filler and cigar-binder (types 42-44 & 53-55) kinds of 
tobacco for the 1996-97 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 16, 1996, in 
order to be assured consideration.

ADDRESSES: Send comments to the Director, Tobacco and Peanuts Division, 
Farm Service Agency (FSA), United States Department of Agriculture 
(USDA), room 5750 South Building, P.O. Box 2415, Washington, DC 20013-
2415. All written submissions will be made available for public 
inspection from 8:15 am to 4:45 pm, Monday through Friday, except 
holidays, in room 5750 South Building, 14th and Independence Avenue, 
SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Robert L. Tarczy, FSA, USDA, room 5750 South Building, P.O. Box 2415, 
Washington, DC 20013-2415, on 202-720-5346.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866 and, therefore, has 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 notice 
applies are: Commodity Loans and Purchases--10.051.

Executve Order 12778

    This proposed rule has been reviewed in accordance with Executive 
Order 12778, Civil Justice Reform. The provisions of the proposed 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 to this proposed rule since FSA is not required by 5 U.S.C. 
553 or any provision of law to publish a notice of proposed rulemaking 
with respect to the subject matter of this rule.

Paperwork Reduction Act

    The amendments to 7 CFR part 723 set forth in this proposed rule do 
not contain any information collection requirements that require 
clearance through the Office of Management and Budget under the 
provisions of the Paperwork Reduction Act of 1995.

Discussion

    The proposed rule would amend 7 CFR part 723 to set forth the 1996-
crop marketing quotas for these six kinds of tobacco.
    Section 312(b) of the Agricultural Adjustment Act of 1938, as 
amended (the Act), provides that the Secretary shall determine and 
announce, not later than March 1, 1996, with respect to kinds of 
tobacco specified in this proposed rule, the amount of the national 
marketing quota which will be in effect by MY 1996 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 cigar filler (type 46) 
and cigar filler and cigar binder (types 42-44 & 53-55) tobaccos, the 
Secretary conduct referenda of farmers engaged in the 1995 production 
of each kind of tobacco (1988 in the case of type 46) to determine 
whether they favor or oppose marketing quotas for MY's 1996, 1997, and 
1998. These referenda are required because MY 1995 is the last year of 
the three consecutive MYs for which marketing quotas previously 
proclaimed will be in effect.
    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 MY in question (less the 
reserve).
    Procedures will continue unchanged for (1) converting marketing 
quotas into acreage allotments; (2) apportioning allotments among old 
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.

[[Page 5317]]


Request for Comments

    This rule proposes to amend 7 CFR part 723, subpart A to include 
1996-crop national marketing quotas for fire-cured (type 21), fire-
cured (types 22 & 23), dark air-cured (types 35 & 36), Virginia sun-
cured (type 37), cigar-filler (type 46), and cigar-filler and cigar-
binder (types 42-44 & 53-55) tobaccos. These six kinds of tobacco 
account for about 4 percent of total U.S. tobacco production.
    Accordingly, comments are requested concerning the establishment of 
the national marketing quotas for the following:

(1) Fire-Cured (Type 21) Tobacco

    The 1996-crop national marketing quota for fire-cured (type 21) 
tobacco will range from 1.8 to 2.0 million pounds. This range reflects 
the assumption that the national acreage factor will range from 0.9 to 
1.0.

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

    The 1996-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 factor will range 
from 0.8 to 1.0.

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

    The 1996-crop national marketing quota for dark air-cured (types 35 
& 36) tobacco will range from 7.5 to 9.5 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 1996-crop national marketing quota for Virginia sun-cured (type 
37) tobacco will range from 90,000 to 100,000 pounds. This range 
reflects the assumption that the national acreage factor will range 
from 0.9 to 1.0.

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

    The 1996-crop national marketing quota for cigar-filler and cigar-
binder (types 42-44 & 53-55) tobaccos will range from 7.5 to 9.0 
million pounds. This range reflects the assumption that the national 
acreage factor will range from 0.85 to 1.0.

(6) Cigar-Filler (type 46) Tobacco

    The 1996-crop national marketing quota for cigar-filler (Type 46) 
tobacco will be zero.

List of Subjects in 7 CFR Part 723

    Acreage allotments, Marketing quotas, Penalties, Reporting and 
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, 1314e, 1314f, 1314i, 1315, 1316, 1362, 1363, 
1372-75, 1421, 1445-1, and 1445-2.

    2. Section 723.113 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) The 1996-crop national marketing quota will range from 1.8 
million pounds to 2.0 million pounds.
    3. Section 723.114 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) The 1996-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 (d) to read as 
follows:


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

* * * * *
    (d) The 1996-crop national marketing quota will range from 8.5 
million pounds to 9.5 million pounds.
    5. Section 723.116 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) The 1996-crop national marketing quota will range from 90,000 
to 100,000 pounds.
    6. Section 723.117 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) The 1996-crop national marketing quota will range from 7.5 
million pounds to 9.0 million pounds.
    7. Section 723.118 is amended by adding paragraph (d) to read as 
follows:


Sec. 723.118  Cigar-filler (type 46) tobacco.

* * * * *
    (d) The 1996-crop national marketing quota is 0.0 pounds.

    Signed at Washington, DC, February 2, 1996.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 96-2929 Filed 2-9-96; 8:45 am]
BILLING CODE 3410-05-P-M