[Federal Register Volume 64, Number 38 (Friday, February 26, 1999)]
[Proposed Rules]
[Pages 9452-9453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5016]
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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.
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Federal Register / Vol. 64, No. 38 / Friday, February 26, 1999 /
Proposed Rules
[[Page 9452]]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 723
RIN 0560-AF51
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 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 by
the Agricultural Adjustment Act of 1938, as amended, (the Act) to
proclaim by March 1, 1999, for referendum purposes, national marketing
quotas for cigar filler and binder (types 42-44 and 53-55) tobacco for
the 1999-2000, 2000-2001 and 2001-2002 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 binder
(types 42-44 and 53-55) kinds of tobacco for the 1999-2000 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 noon March 1, 1999, in
order to be assured of consideration.
ADDRESSES: Comments must be submitted to the Director, Tobacco and
Peanuts Division, Farm Service Agency (FSA), United States Department
of Agriculture, STOP 0514, 1400 Independence Avenue, S.W., Washington,
DC 20250-0514. 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, 1400 Independence Avenue,
S.W., Washington, DC 20250-0514.
FOR FURTHER INFORMATION CONTACT: Robert L. Tarczy, Tobacco and Peanuts
Division, FSA, USDA, STOP 0514, 1400 Independence Avenue, S.W.,
Washington, DC 20250-0514, telephone 202-720-5346. Copies of the cost-
benefit assessment prepared for the rule can be obtained from Mr.
Tarczy.
SUPPLEMENT INFORMATION:
Executive Order 12866
This proposed rule has been determined to be significant and was
reviewed by 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 Loan and Purchases--10.051.
Executive Order 12988
This rule has been reviewed in accordance with Executive Order
12988. The provisions of this 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 neither FSA nor the Commodity
Credit Corporation (CCC) is 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 of these determinations.
Paperwork Reduction Act
These proposed amendments do not contain information collections
that require clearance by the Office of Management and Budget under the
provisions of 44 U.S.C. chapter 35.
Unfunded Federal Mandates
This rule contains no Federal mandates under the regulatory
provisions of Title II of the Unfunded Mandate 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 the UMRA.
Discussion
The proposed rule would amend 7 CFR part 723 to set forth the 1999-
crop marketing quotas for these five kinds of tobacco.
Section 312(b) of the Act, provides that the Secretary shall
determine and announce, not later than March 1, 1999, with respect to
the kinds of tobacco specified in this proposed rule, the amount of the
national marketing quota which will be in effect for MY 1999 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.
Also, Section 312(c) of the Act requires for this year that, within
30 days after proclamation of national marketing quotas for cigar
filler and binder (types 42-44 and 53-55) tobacco, the Secretary must
conduct a referendum of farmers engaged in the 1998 production of such
kind of tobacco to determine whether they favor or oppose marketing
quotas for MYs 1999, 2000 and 2001. This referendum is required because
MY 1998 is the last year of the 3 consecutive MYs for which marketing
quotas previously proclaimed will be in effect for this kind of
tobacco.
The Secretary will proclaim the results of the referendum. As
provided in the Act, if more than one-third of the farmers voting in a
referendum for this kind of tobacco oppose the quota, the national
marketing quota previously proclaimed will not become effective.
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 FSA 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
[[Page 9453]]
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.
For four of these five kinds of tobacco, supply and demand are in
balance. Thus, changes in 1999 marketing quotas for these four kinds
will likely be small.
Request for Comments
This rule proposes to amend 7 CFR part 723, subpart A to include
1999-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 binder (types 42-44 and 53-55) tobaccos.
These five kinds of tobacco account for about 4 percent of total U.S.
tobacco production.
Comments are requested concerning the proposed establishment of the
national marketing quotas for the subject tobaccos at the following
levels:
(1) Fire-Cured (Type 21) Tobacco
The 1999-crop national marketing quota for fire-cured (type 21)
tobacco will range from 2.2 to 3.0 million pounds. This range reflects
the assumption that the national acreage factor will range from 0.9 to
1.1.
(2) Fire-Cured (Types 22-23) Tobacco
The 1999-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 1999-crop national marketing quota for dark air-cured (types
35-36) tobacco will range from 9.0 to 11.0 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 1999-crop national marketing quota for Virginia sun-cured (type
37) tobacco will range from 110,000 to 140,000 pounds. This range
reflects the assumption that the national acreage factor will range
from 0.9 to 1.1.
(5) Cigar-Filler and Binder (Types 42-44 and 53-55) Tobacco
The 1999-crop national marketing quota for cigar-filler and binder
(types 42-44 and 53-55) tobaccos will range from 4.0 to 4.6 million
pounds. This range reflects the assumption that the national acreage
factor will range from 0.8 to 1.0. Accordingly, comments are requested
with respect to the foregoing issues.
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 be amended as
folllows:
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 (g) to read as
follows:
Sec. 723.113 Fire-cured (type 21) tobacco
* * * * *
(g) The 1999-crop national marketing quota will range from 2.2
million pounds to 3.0 million pounds.
3. Section 723.114 is amended by adding paragraph (g) to read as
follows:
Sec. 723.114 Fire-cured (types 22-23) tobacco
* * * * *
(g) The 1999-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 (g) to read as
follows:
Sec. 723.115 Dark air-cured (types 35-36) tobacco
* * * * *
(g) The 1999-crop national marketing quota will range from 9.0
million pounds to 11.0 million pounds.
5. Section 723.116 is amended by adding paragraph (g) to read as
follows:
* * * * *
Sec. 723.116 Sun-cured (type 37) tobacco
* * * * *
(g) The 1999-crop national marketing quota will range from 110,000
to 140,000 pounds.
6. Section 723.117 is amended by adding paragraph (g) to read as
follows:
Sec. 723.117 Cigar-filler and binder (types 42-44 and 53-55) tobacco
* * * * *
(g) The 1999-crop national marketing quota will range from 4.8
million pounds to 6.0 million pounds.
Signed at Washington, DC on February 24, 1999.
Keith Kelly,
Administrator, Farm Service Agency.
[FR Doc. 99-5016 Filed 2-24-99; 4:13 pm]
BILLING CODE 3410-05-P