[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Rules and Regulations]
[Pages 2802-2803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1134]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1464

RIN 0560-AF 52


Tobacco--Importer Assessments

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

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SUMMARY: This final rule adopts, without change, the proposed rule 
published in the Federal Register on September 29, 1998 (63 FR 51864). 
The rule amends the definition of ``de minimis special entries'' in the 
tobacco program regulations which applies to the collection of the 
``budget deficit'' and ``no-net-cost'' assessments on certain kinds of 
imported tobacco. The current definition of ``de minimis special 
entries'' exempts entries of unmanufactured imported tobacco of five 
(5) kilograms or less if certain conditions are met. This rule raises 
the maximum allowable exempt weight to 100 kilograms, thereby saving 
administrative costs without compromising the purpose of the exemption.

EFFECTIVE DATE: February 1, 1999.

FOR FURTHER INFORMATION CONTACT: David McCarty, USDA/FSA/TPD/STOP 0514, 
1400 Independence Avenue, SW, Washington DC 20250-0514, telephone 
(202)720-6389, E-mail [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not significant and therefore 
was not reviewed by the Office of Management and Budget (OMB) under 
Executive Order 12866.

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 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983). This rule contains no Federal 
mandates under the regulatory provisions of Title II of the Unfunded 
Mandates Reform Act of 1995 (UMRA) 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 UMRA.

Executive Order 12988

    This final rule has been reviewed in accordance with Executive 
Order 12988. The provisions of this final rule are not retroactive and 
preempt State laws to the extent that such laws are inconsistent with 
the provisions of this rule. Before any legal action is brought 
regarding determinations made under provisions of 7 CFR 1464, the 
administrative appeal provisions set forth at 7 CFR 780, and those of 7 
CFR 11, must be exhausted.

[[Page 2803]]

Paperwork Reduction Act

    The Federal Register information collection notice was published in 
the proposed rule on September 29, 1998 (63 FR 51864). A revised 
information collections package was submitted to the Office of 
Management and Budget and approved under OMB control number 0560-0148.

Discussion of Comments

    Five comments, all in favor of the proposed change, were received 
from tobacco importers and brokers in response to the proposed rule 
which was published in the Federal Register at 63 FR 51864 (September 
29, 1998). There were no unfavorable comments. Accordingly, for the 
reasons given when the proposed rule was published, it has been 
determined to adopt the proposed rule as a final rule.

List of Subjects in 7 CFR Part 1464

    Imports, Loan programs--agriculture, Tobacco.
    For the reasons set forth in the preamble, 7 CFR 1464 is amended as 
follows:

PART 1464--TOBACCO [Amended]

    1. The authority citation for 7 CFR 1464 continues to read as 
follows:

    Authority: 7 U.S.C. 1421, 1423, 1441, 1445, 1445-1 and 1445-2; 
15 U.S.C. 714b, 714c.

    2. Section 1464.101(b) is amended by revising the definition of 
``de minimis special entries'' to read as follows:


Sec. 1464.101  Definitions.

* * * * *
    (b) Terms. * * *
    De minimis special entries. Imports of unmanufactured tobacco when 
the total importation at any time or on any date is 100 kilograms or 
less and such tobacco is imported segregated from other tobacco for use 
as samples, for research, or other use approved by the Director.
* * * * *
    Signed at Washington, DC, on January 11, 1999.
Keith Kelly,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 99-1134 Filed 1-15-99; 8:45 am]
BILLING CODE 3410-05-P