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[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Pages 50286-50288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25451]

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DEPARTMENT OF AGRICULTURE

Farm Service Agency
Commodity Credit Corporation

Request for Extension and Revision of a Currently Approved 
Information Collection; Reinstatement and Extension of a Currently 
Approved Information Collection; and a Proposed New Information 
Collection

AGENCY: Farm Service Agency and the Commodity Credit Corporation, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the intention of the Commodity Credit Corporation 
(CCC) and Farm Service Agency (FSA) to request an extension and 
revision of an approved information collection to support the Tobacco 
Marketing Quota and Price Support program; a reinstatement and 
extension of an approved information collection to support Importer 
Assessments on imported tobacco; and an approval of a new information 
collection for conducting tobacco marketing quota referenda. These 
information collections are authorized by the following regulations: 7 
CFR part 723, Tobacco; 7 CFR part 1464, Tobacco; and 7 CFR part 717, 
Holding of Referenda. Such regulations are issued under the authority 
of the Agricultural Adjustment Act of 1938, as amended, and the 
Agricultural Act of 1949, as amended.

DATES: Comments on this notice must be received on or before November 
24, 1997 to be assured of consideration.

ADDITIONAL INFORMATION OR COMMENTS: Michael D. Thompson, USDA, Farm 
Service Agency, Tobacco and Peanuts Division, STOP 0514, 1400 
Independence Avenue, SW, Washington, DC 20250-0514, (202) 720-4318; 
facsimile (202) 720-1288; or Internet e-mail, 
[email protected].

SUPPLEMENTARY INFORMATION:

    Title: Tobacco Marketing Quota and Price Support Program, 7 CFR 
parts 711, 723 and 1464.
    OMB Control Number: 0560-0058.
    Expiration Date: September 30, 1997.

[[Page 50287]]

    Type of Request: Extension and revision of an approved information 
collection.
    Abstract: The information collected under OMB Control Number 0560-
0058, as identified above, is all that is currently demanded by FSA to 
meet administrative and statutory requirements for the tobacco 
marketing quota and price support programs. Information collected from 
tobacco producers and owners of farms with tobacco allotment or quota 
is needed to properly establish tobacco acreage allotments and 
marketing quotas for farms, transfer quota between farms, and determine 
price support eligibility. Because tobacco marketing quotas are highly 
regulated, information is needed to show where tobacco acreage is 
planted, how much is planted, where tobacco is marketed and how much is 
marketed. Tobacco marketed in excess of a farm marketing quota is 
subject to a substantial marketing quota penalty equal to 75 percent of 
the previous year's average price to producers.
    Covered information collected from tobacco dealers, auction 
warehouses, processors, and others involved in the marketing, buying, 
or handling of tobacco is needed and used to effectively administer the 
marketing quota provisions of the tobacco program. All tobacco produced 
on farms is disposed of through commercial marketing channels that 
involve dealers, warehouses, processors, manufacturers, and others. In 
order to completely and accurately account for the production and 
marketing of tobacco on an individual farm basis, records and reports 
must be submitted by persons that acquire or handle producer tobacco. 
In order to determine if any tobacco in excess of a farm marketing 
quota has been marketed, these persons must maintain records and make 
reports on their purchases and sales of tobacco. Warehouse operators 
must maintain records and make reports showing the sales and purchases 
of tobacco handled by the warehouse. These reports are reviewed to 
ensure that excess tobacco is not being marketed without being subject 
to marketing quota penalties.
    Information collected from domestic manufacturers of cigarettes is 
needed to establish the national marketing quotas for burley and flue-
cured tobacco. By statute, the national marketing quota is based, in 
part, on the amount of tobacco the domestic cigarette manufacturers 
intend to purchase from the next crop year. The domestic cigarette 
manufacturers must also report their actual purchases and maintain 
records that support their purchases of producer tobacco. There are 
five major domestic cigarette manufacturers that are subject to these 
provisions.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 7 minutes per response.
    Respondents: Individual tobacco producers, allotment or quota 
owners, tobacco auction warehouses, dealers, and others involved in the 
marketing or buying of tobacco which may include small and medium size 
businesses, and five domestic manufacturers of cigarettes.
    Estimated Number of Respondents: 325,455.
    Estimated Number of Responses per Respondent: 3 per year.
    Estimated Total Annual Burden on Respondents: 113,910 hours.
    Title: Tobacco Importer Assessments, 7 CFR part 1464, subpart B.
    OMB Control Number: 0560-0148.
    Type of Request: Reinstatement and extension of an approved 
information collection.
    Abstract: The information collected under OMB Control Number 0560-
0148 is all of the information demanded by FSA in order to effectively 
administer the statutory provisions for assessments on imported 
tobacco. Information collected from importers of unmanufactured tobacco 
is necessary to determine the proper amounts of assessments are timely 
paid. The Omnibus Budget Reconciliation Act of 1993 amended sections 
106, 106A, and 106B, of the Agricultural Act of 1949, to require the 
payment of importer no-net-cost (INNC), and budget deficient marketing 
assessments (BDMA) on imported unmanufactured tobacco. The INNC 
assessments apply only to burley and flue-cured tobacco, and the BDMA 
applies to all kinds of tobaccos that are subject to a domestic 
marketing quota and price support program. Information is collected on 
form CCC-100, Importer Entry and Assessment Worksheet. The data 
reported includes the importer's name and address, the importer's 
number, and the tobacco's entry number, Harmonized Tariff Schedule 
(HTS) number, as well as the quantity of tobacco, and amounts of 
assessments remitted.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated at 45 minutes per response.
    Respondents: Importers of unmanufactured tobacco for consumption in 
the United States, who may be individuals, small business, or large 
tobacco leaf dealers and cigarette manufacturers.
    Estimated Number of Respondents: 40.
    Estimated Number of Responses per Respondent: 18.
    Estimated Total Annual Burden on Respondents: 540 hours.
    Title: Holding of Referenda, 7 CFR part 717.
    OMB Control Number: New submission.
    Type of Request: Proposed new information collection.
    Abstract: The Agricultural Adjustment Act of 1938, as amended, 
requires the establishment of national marketing quotas for certain 
commodities and the holding of a referendum of farmers engaged in the 
production of that commodity to determine if they favor or oppose 
marketing quotas for the next three crop years. Currently there are 
nine different referenda held every 3 years for tobacco. The number of 
eligible voters for all referenda is estimated at 400,000, with 
approximately 155,000 respondents returning voted ballots. Voter 
eligibility is based on a person being engaged in the production of 
that kind of tobacco for the preceding year. The actual voting and 
returning a ballot is strictly voluntary. The voter participation rate 
ranges from 20 percent to 90 percent. The average voter participation 
rate for all referenda is about 40 percent. Occasionally, special 
referenda are conducted as a result of a petition for a referendum, 
significant changes in the tobacco program, and under a Memorandum of 
Understanding with another entity or government agency. The Agency 
plans to continue to use the traditional ballot. The ballot itself has 
not been assigned an OMB control number, but such number would be 
assigned as a result of this notice.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated at 5 minutes per response.
    Respondents: Individual tobacco farmers and landowners who are 
eligible voters that return a voted ballot.
    Estimated Number of Respondents: 155,000.
    Estimated Number of Responses per Respondent: Once ever 3 years.
    Estimated Total Annual Burden on Respondents: 4,300 hours.
    Request for Comment: Comment on above information request is 
sought. Topics for comment may include, but need not be limited to: (a) 
whether the collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information will have practical utility; (b) the accuracy of the FSA's 
estimate of burden including the validity of the methodology and 
assumptions used; (c) enhancing the quality, utility, and clarity of 
the

[[Page 50288]]

information collected; or (d) minimizing the burden of the collection 
of information on respondents, including the use of appropriate 
automated electronic, mechanical, or other forms of informational 
technology. Comments should be sent to the Desk Officer for 
Agriculture, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503, and to Michael D. Thompson 
at the address listed above. All responses to this notice will be 
summarized and included in the request for OMB approval. All comments 
will become a matter of public record.
    OMB is required to make a decision concerning the collection(s) of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication.

    Signed at Washington, DC, on September 18, 1997.
Keith Kelly,
Administrator, Farm Service Agency and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 97-25451 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-05-P
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