[Federal Register Volume 62, Number 17 (Monday, January 27, 1997)]
[Proposed Rules]
[Pages 3830-3832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1874]


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DEPARTMENT OF AGRICULTURE
Farm Service Agency

7 CFR Part 723

RIN 0560-AF03


National Marketing Quotas for Fire-Cured (Type 21), Fire-Cured 
(Types 22-23), Dark Air-Cured (Types 35-36), Virginia Sun-Cured (Type 
37), and Cigar-Filler and Cigar-Binder (Types 42-44 and 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, 1997, national marketing quotas for fire-cured 
(types 21-23) and dark air-cured (types 35-36) tobaccos for the 1997-
98, 1998-99, and 1999-2000 marketing years (MYs) 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), and cigar-filler and cigar-binder (types 
42-44 and 53-55) kinds of tobacco for the 1997-98 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.


[[Page 3831]]


DATES: Comments must be received on or before February 12, 1997, 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, STOP 0514, 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 5750, South Building, 14th and 
Independence Avenue, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Robert L. Tarczy, FSA, USDA, Room 
5750, South Building, STOP 0514, P.O. Box 2415, Washington, DC 20013-
2415, 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.

Executive 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.

Unfunded Federal Mandates

    This rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandate Reform Act of 1995 
(UMBRA), for state, local, and tribal governments or the private 
sector. Thus, this rule is not subject to the requirements of sections 
202 and 205 of the UMBRA.

Discussion

    The proposed rule would amend 7 CFR part 723 to set forth the 1996-
crop marketing quotas for these five 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, 1997, 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 1997 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. 
Supply and demand for these kinds of tobacco are in balance. Thus, 
changes in 1997 marketing quotas, if any, will likely be small.
    Section 312(c) of the Act provides that, within 30 days after 
proclamation of national marketing quotas for fire-cured (types 21-23) 
and dark air-cured (types 35-36) tobaccos, the Secretary shall conduct 
referenda of farmers engaged in the 1996 production of each kind of 
tobacco to determine whether they favor or oppose marketing quotas for 
MY's 1997, 1998, and 1999. These referenda are required because MY 1996 
is the last year of the 3 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 of the 
Act.
    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 and 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.

Request for Comments

    This rule proposes to amend 7 CFR part 723, subpart A to include 
1997-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), and cigar-filler and cigar-binder (types 42-44 and 53-55) 
tobaccos. These five 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 1997-crop national marketing quota for fire-cured (type 21) 
tobacco will range from 2.0 to 2.2 million pounds. This range reflects 
the assumption that the national acreage factor will range from 1.0 to 
1.1.

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

    The 1997-crop national marketing quota for fire-cured (types 22-23) 
tobacco will range from 40.0 to 44.0 million pounds. This range 
reflects the assumption that the national acreage factor will range 
from 1.0 to 1.1.
    (3) Dark Air-Cured (Types 35-36) Tobacco
    The 1997-crop national marketing quota for dark air-cured (types 
35-36) tobacco will range from 9.0 to 9.9 million pounds. This range 
reflects the assumption that the national acreage factor will range 
from 1.0 to 1.1.
    (4) Virginia Sun-Cured (Type 37) Tobacco
    The 1997-crop national marketing quota for Virginia sun-cured (type 
37) tobacco will range from 140,000 to 154,000 pounds. This range 
reflects the assumption that the national acreage factor will range 
from 1.0 to 1.1.
    (5) Cigar-Filler and Cigar-Binder (Types 42-44 and 53-55) Tobaccos
    The 1997-crop national marketing quota for cigar-filler and cigar-
binder (types 42-44 and 53-55) tobaccos will range from 8.0 to 8.8 
million pounds. This range reflects the assumption that the national 
acreage factor will range from 1.0 to 1.1.

[[Page 3832]]

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 (e) to read as 
follows:


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

* * * * *
    (e) The 1997-crop national marketing quota will range from 2.0 
million pounds to 2.2 million pounds.
    3. Section 723.114 is amended by adding paragraph (e) to read as 
follows:


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

* * * * *
    (e) The 1997-crop national marketing quota will range from 40.0 
million pounds to 44.0 million pounds.
    4. Section 723.115 is amended by adding paragraph (e) to read as 
follows:


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

* * * * *
    (e) The 1997-crop national marketing quota will range from 9.0 
million pounds to 9.9 million pounds.
    5. Section 723.116 is amended by adding paragraph (e) to read as 
follows:
* * * * *


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

* * * * *
    (e) The 1997-crop national marketing quota will range from 140,000 
to 154,000 pounds.
    6. Section 723.117 is amended by adding paragraph (e) to read as 
follows:


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

* * * * *
    (e) The 1997-crop national marketing quota will range from 8.0 
million pounds to 8.8 million pounds.
* * * * *
    Signed at Washington, DC. January 21, 1997.
Grant Buntrock,
Administrator, Farm Service Agency.
[FR Doc. 97-1874 Filed 1-22-97; 2:34 pm]
BILLING CODE 3410-05-P