[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Pages 23065-23066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9295]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules 
and Regulations  

[[Page 23065]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1463

RIN 0560-AH79


Tobacco Transition Payment Program; Release of Records

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commodity Credit Corporation (CCC) is revising the Tobacco 
Transition Payment Program (TTPP) regulations to expand the information 
provided in quarterly notices to tobacco manufacturers and importers 
about the assessments due to CCC. Assessments are based on market 
shares, CCC has concluded that certain information formerly not 
included may be included in future assessment notices and released. 
Specifically, CCC will release to reporting manufacturers and importers 
the qualifying market share of other manufacturers and importers, for 
the relevant class of tobacco product, based solely on information 
supplied by the reporting manufacturer or importer to CCC.

DATES: Effective Date: April 29, 2008.

FOR FURTHER INFORMATION CONTACT: Jane Reed, Agricultural Economist, 
Economic and Policy Analysis Staff, Farm Service Agency (FSA), United 
States Department of Agriculture (USDA), Stop 0515, 1400 Independence 
Ave., SW., Washington, DC 20250-0510. Phone: (202) 720-6782; fax: (202) 
720-8120; e-mail: [email protected]. Persons with disabilities who 
require alternative means for communication (Braille, large print, 
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: 

Background and Discussion

    TTPP was established by Title VI, the ``Fair and Equitable Tobacco 
Reform Act'' (FETRA) of the American Jobs Creation Act of 2004 (Pub. L. 
108-357). FETRA repealed the tobacco marketing quota and related price 
support programs authorized by both Title III of the Agricultural 
Adjustment Act of 1938 and by the Agricultural Act of 1949 and provided 
for payments to persons who, during a certain period or at a certain 
time, had been the owners of farms with tobacco quotas or had produced 
regulated tobacco. FETRA is funded using assessments collected from 
tobacco manufacturers and importers.
    Under FETRA, CCC sends out quarterly notices to tobacco 
manufacturers and importers, informing those entities of the 
assessments due to CCC. Each notice also provides the entity with 
certain information, described at 7 CFR 1463.8. Assessments within 
classes of products are based on market shares, as calculated pursuant 
to FETRA. Prior to the issuance of this final rule, CCC had not 
included in its assessment notices data concerning the market share of 
each other manufacturer or importer for each applicable class of 
tobacco product even though such information is referenced in section 
625 of FETRA, 7 U.S.C. 518d, specifically in section 625(d)(2)(G) of 
FETRA. This was because market share calculations are based on the 
filing by reporting parties of copies of certain tax returns filed with 
the U.S. Department of the Treasury (Treasury) and the Department of 
Homeland Security (DHS). Previously, in the preamble to a final rule 
published in the Federal Register on February 10, 2005 (70 FR 7007-
7014), CCC explained that, after consultation with Treasury it had 
determined that market share data would not be included in the 
assessment notices because of the confidentiality provision of 26 
U.S.C. 6103 regarding tax return information filed with Treasury. 
However, after further consultation, it has been determined that market 
share data may be included in the quarterly assessments without 
objection under section 6103 so long as the market share information 
supplied is limited to information supplied to CCC by those tobacco 
manufacturers and importers reporting to CCC. Accordingly, the TTPP 
regulations are changed in this final rule. Because of administrative 
changes that are needed, CCC does not expect routine inclusion of this 
data in quarterly assessment notices before the September 2008 
assessments.

Miscellaneous Correction

    In addition to the change discussed above, CCC is correcting the 
CCC point of contact information in the definition section (7 CFR 
1463.3).

Notice and Comment

    These regulations are exempt from the notice and comment 
requirements of the Administrative Procedure Act (5 U.S.C. 553), as 
specified in section 642(b) of FETRA, which requires that the 
regulations be promulgated and administered without regard to the 
notice and comment provisions of section 5 of title 5 of the United 
States Code or the Statement of Policy of the Secretary of Agriculture 
effective July 24, 1971, (36 FR 13804) relating to notices of proposed 
rulemaking and public participation in rulemaking.

Executive Order 12866

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

Regulatory Flexibility Act

    This rule is not subject to the Regulatory Flexibility Act since 
CCC is not required to publish a notice of proposed rulemaking for this 
rule.

Environmental Review

    The environmental impacts of this rule have been considered in a 
manner consistent with the provisions of the National Environmental 
Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347, the regulations of the 
Council on Environmental Quality (40 CFR parts 1500-1508), and FSA 
regulations for compliance with NEPA (7 CFR part 799). The following 
final rule was determined to be Categorically Excluded. Therefore, no 
environmental assessment or environmental impact statement will be 
completed for this final rule.

Executive Order 12372

    This program is not subject to Executive Order 12372, which 
requires consultation with State and local officials. See the notice 
related to 7 CFR part 3015, subpart V, published in the

[[Page 23066]]

Federal Register on June 24, 1983 (48 FR 29115).

Executive Order 12612

    This rule does not have Federalism implications that warrant the 
preparation of a Federalism Assessment. This rule will not have a 
substantial direct effect on States or their political subdivisions or 
on the distribution of power and responsibilities among the various 
levels of government.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988. This 
final rule is not retroactive and it does not preempt State or local 
laws, regulations, or policies unless they present an irreconcilable 
conflict with this rule. Before any judicial action may be brought 
regarding the provisions of this rule the administrative appeal 
provisions of 7 CFR parts 11 and 780 must be exhausted.

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.

Unfunded Mandates

    This rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act (UMRA) for 
State, local, and tribal government or the private sector. In addition, 
CCC was not required to publish a notice of proposed rulemaking for 
this rule. Therefore, this rule is not subject to the requirements of 
sections 202 and 205 of UMRA.

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

    Section 642(c) of FETRA requires that the Secretary use the 
authority in section 808 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121) (SBREFA), which allows an agency 
to forgo SBREFA's usual 60-day Congressional Review delay of the 
effective date of a major regulation if the agency finds that there is 
a good cause to do so. Accordingly, this rule is effective on the date 
of publication in the Federal Register.

Paperwork Reduction Act

    These regulations are exempt from the requirements of the Paperwork 
Reduction Act (44 U.S.C. Chapter 35), as specified in section 642(b) of 
FETRA, which provides that these regulations, which are necessary to 
implement FETRA, be promulgated and administered without regard to the 
Paperwork Reduction Act.

E-Government Act Compliance

    CCC is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

List of Subjects in 7 CFR Part 1463

    Agriculture, Agricultural commodities, Acreage allotments, 
Marketing quotas, Price support programs, Tobacco, Tobacco Transition 
Program.


0
For the reasons provided above, amend part 1463 of title 7 of the Code 
of Federal Regulation as follows:

Chapter XIV--Commodity Credit Corporation, Department of Agriculture

PART 1463--2005-2014 TOBACCO TRANSITION PROGRAM

0
1. The authority citation for part 1463 continues to read as follows:

    Authority: 7 U.S.C. 714b and 714c; and Title VI of Pub. L. 108-
357.


0
2. Amend Sec.  1463.3 by revising the definition of CCC's point of 
contact to read as follows:


Sec.  1463.3  Definitions.

* * * * *
    CCC's point of contact means, for items physically sent to CCC, 
``Fibers, Peanuts, and Tobacco Analysis Group, Economic and Policy 
Analysis Staff, Farm Service Agency, United States Department of 
Agriculture (USDA), STOP 0515, Room 3720-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0515'' unless otherwise specified by CCC 
through actual notice.
* * * * *


0
3. Amend Sec.  1463.8 by redesignating paragraphs (b)(8) and (b)(9) as 
paragraphs (b)(9) and (b)(10), respectively, and adding a new paragraph 
(b)(8) to read as follows:


Sec.  1463.8  Notification of assessments.

* * * * *
    (b) * * *
    (8) Beginning with the 2nd quarter of 2008, or as soon as 
practicable thereafter, the applied market share for that quarter of 
each other manufacturer and importer, for the applicable class of 
tobacco product of those manufacturers and importers that have provided 
such information to CCC in accordance with the provisions of Sec.  
1463.6, as determined by the Deputy Administrator, Farm Service Agency.
* * * * *

    Signed at Washington, DC, April 23, 2008.
Teresa C. Lasseter,
Executive Vice President, Commodity Credit Corporation.
 [FR Doc. E8-9295 Filed 4-28-08; 8:45 am]
BILLING CODE 3410-06-P