64594 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

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 (h) to read as follows:

§ 723.113 Fire-cured (type 21) tobacco.

* * * * *

(h) The 2000-crop national marketing

quota is 2.138 million pounds.

3. Section 723.114 is amended by

adding paragraph (h) to read as follows:

§ 723.114 Fire-cured (types 22–23)

tobacco.

* * * * *

(h) The 2000-crop national marketing

quota is 42.9 million pounds.

4. Section 723.115 is amended by

adding paragraph (h) to read as follows:

§ 723.115 Dark air-cured (types 35–36)

tobacco.

* * * * *

(h) The 2000-crop national marketing

quota is 12.75 million pounds.

5. Section 723.116 is amended by

adding paragraph (h) to read as follows:

§ 723.116 Sun-cured (type 37) tobacco.

* * * * *

(h) The 2000-crop national marketing

quota is 171,000 pounds.

6. Section 723.117 is amended by

adding paragraph (h) to read as follows:

§ 723.117 Cigar-filler and binder (types 42–

44 and 53–55) tobacco.

* * * * *

(h) The 2000-crop national marketing

quota is 3.64 million pounds.

PART 1464—TOBACCO

7. The authority citation for 7 CFR

part 1464 continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445,

and 1445–1; 15 U.S.C. 714b and 714c.

8. Section 1464.13 is amended by

adding paragraph (h) to read as follows:

§ 1464.13 Fire-cured (type 21) tobacco.

* * * * *

(h) The 2000-crop national price

support level is 155.9 cents per pound.

9. Section 1464.14 is amended by

adding paragraph (h) to read as follows:

§ 1464.14 Fire-cured (types 22–23)

tobacco.

* * * * *

(h) The 2000-crop national price

support level is 171.6 cents per pound.

10. Section 1464.15 is amended by

adding paragraph (h) to read as follows:

§ 1464.15 Dark air-cured (types 35–36)

tobacco.

* * * * *

(h) The 2000-crop national price

support level is 148.1 cents per pound.

11. Section 1464.16 is amended by

adding paragraph (h) to read as follows:

§ 1464.16 Virginia sun-cured (type 37)

tobacco.

* * * * *

(h) The 2000-crop national price

support level is 138.0 cents per pound.

12. Section 1464.17 is amended by

adding paragraph (h) to read as follows:

§ 1464.17 Cigar-filler and binder (types 42–

44 and 53–55) tobacco.

* * * * *

(h) The 2000-crop national price

support level is 123.8 cents per pound.

Signed at Washington, DC, on October 20,

2000.

Keith Kelly,

Administrator, Farm Service Agency and

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 00–27716 Filed 10–27–00; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Parts 718 and 729

Commodity Credit Corporation

7 CFR Part 1446

RIN 0560–AF61

Amendments to Regulations

Governing the Peanut Poundage Quota

and Price Support Programs

AGENCIES: Farm Service Agency and

Commodity Credit Corporation, USDA.

ACTION: Final rule.

SUMMARY: The Commodity Credit

Corporation (CCC) and Farm Service

Agency (FSA) are adopting as a final

rule the provisions of an interim rule

issued February 18, 2000, which made

minor changes to regulations governing

the peanut poundage quota and price

support programs. The rule also makes

a technical amendment to the

regulations to reinstate compliance

regulations that are applicable to

tolerance for peanut acreage reported as

planted. In addition, this rule makes

technical corrections which update

regulations dealing with appeals and

with imported peanuts.

This action is necessary to improve

the administration of the peanut quota

and price support programs.

DATES: Effective October 30, 2000.

FOR FURTHER INFORMATION CONTACT:

David Kincannon, (202) 720–7914.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

For purposes of Executive Order

12866, this rule was determined to be

not significant and was not reviewed by

the Office of Management and Budget

(OMB) under Executive Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act is not

applicable to this interim rule because

neither the FSA nor 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

matter of this rule.

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.

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.

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this interim rule applies are:

Commodity Loans and Purchases—

10.051.

Executive Order 12372

This program 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

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Executive Order 12988

This rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this rule do not

preempt State laws to the extent that

such laws are consistent with the

provisions of this rule. Before any legal

action may be brought regarding

determinations of this rule, the

administrative appeal provisions set

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64595

forth at 7 CFR part 780 must be

exhausted.

National Appeals Division Rules of

Procedure

The procedures set out in 7 CFR parts

11 and 780 apply to appeals of adverse

decisions made under the regulations

adopted in this rule.

Paperwork Reduction Act

The information collection reporting

requirements contained in the

regulations at 7 CFR parts 729 and 1446

include OMB Control Numbers 0560–

0006 and 0560–0014 assigned by OMB.

The 0560–0006 collection requirements

have been approved by OMB and the

0560–0014 collection requirements have

been forwarded for approval. The

provisions of this rule do not impose

new reporting requirements or changes

in existing information collection

requirements.

Background

An interim rule issued by CCC and

FSA on February 18, 2000, initiated

changes to regulations at 7 CFR parts

718, 729 and 1446 applicable to the

peanut poundage quota and price

support programs. The changes were

relatively minor and primarily clarified

administrative provisions. Some

changes corrected erroneous references

and, in one case, restated a necessary

provision inadvertently omitted in

previous rulemaking. Several changes

provided peanut producers greater

flexibility. The comment period expired

March 20. FSA received no comments to

the amendments made effective by the

interim rule. Accordingly, the

provisions of the interim rule have been

adopted as final amendments to the

regulations.

In addition, this final rule amends

§ 1446.416 to remove the specific

reference to section 22 of the

Agricultural Adjustment Act of 1933, as

amended (1933 Act), to add references

to other authority pursuant to which the

President could temporarily suspend

restrictions on the importation of

peanuts and to amend references to the

National Appeals Division that are no

longer applicable or appropriate due to

statutory and regulatory changes.

Suspension of Restrictions on

Imported Peanuts

Under Section 358e(f)(6) of the

Agricultural Adjustment Act of 1938

(1938 Act), it is provided that

notwithstanding any other provision of

the 1938 Act, if the President issues a

proclamation under section 404(b) of

the Uruguay Round Agreements Act (19

USCS 3601(b)) expanding the quantity

of peanuts subject to the in-quota rate of

duty under a tariff-rate quota, or under

section 22 of the Agricultural

Adjustment Act (7 U.S.C. 624),

reenacted with amendments by the

Agricultural Marketing Agreement Act

of 1937, temporarily suspending

restrictions on the importation of

peanuts, the Secretary shall, subject to

such terms and conditions as the

Secretary may prescribe, permit a

handler, with the written consent of the

producer, to purchase additional

peanuts from any producer who

contracted with the handler and to offer

the peanuts for sale for domestic edible

use. That provision is administered, for

the peanut program, under 7 CFR

1446.616 but until this notice, which

updates the regulation, the only

statutory provision referred to in the

regulation was Section 22 of the

Agricultural Adjustment Act. This

notice amends 1446.416 so that it will

more closely track the provision of

Section 358e(f)(6) of the 1938 Act.

Reductions of Penalties and Appeals

The National Appeals Division (NAD)

was reorganized by the Federal Crop

Insurance Reform and Department of

Agriculture Reorganization Act of 1994

(Pub. L. 103–345) (the Act) and made

subject to the general supervision of and

policy direction of the Secretary of

Agriculture. As a result of the

reorganization, a new part 11 was added

to 7 CFR Subtitle A to set forth the

provisions for program participants to

seek review of an adverse decision. The

provisions of 7 CFR 1446.704 no longer

accurately reflected the appeal process

as set forth in the regulations at 7 CFR

part 11 applicable to NAD. In addition,

there was no reference to the appeal

regulations at 7 CFR part 11.

Accordingly, the provisions of

§ 1446.704 are amended by this final

rule to address penalty reductions only

and a new section, § 1446.705 is added

to direct the public to the appeal

regulations at 7 CFR parts 11 and 780.

Because no comments were received

on the amendments implemented by the

interim rule and since the amendments

were minor, clarifying and

administrative in nature, the interim

rule published at 65 FR 8245 on

February 18, 2000, amending 7 CFR

parts 718, 729 and 1446, is adopted by

this rule as final without change. The

changes made are of administrative

nature for clarification. We have

determined that these changes should

be included in this final rule as a delay

in implementation would be contrary to

the public interest.

List of Subjects

7 CFR Part 718

Acreage allotments, Drug traffic

control, Loan programs–agriculture,

Marketing quotas, Price support

programs, Reporting and recordkeeping

requirements.

7 CFR Part 729

Marketing quotas, Peanuts, Penalties,

Reporting and recordkeeping

requirements.

7 CFR Part 1446

Loan programs-agriculture, Peanuts,

Price support programs, Reporting and

recordkeeping requirements,

Warehouses.

Accordingly, for the reasons set forth

in the preamble, changes to 7 CFR parts

718, 729 and 1446 as issued as an

interim rule are adopted as final without

change. In addition, part 1446 is further

amended as follows:

PART 1446–PEANUTS

1. The authority citation for part 1446

continues to read as follows:

Authority: 7 U.S.C. 7271; 15 U.S.C. 714b

and 714c.

§ 1446.416 [Amended]

2. Section 1446.416 is amended by

removing the phrase ‘‘section 22 of the

Agricultural Adjustment Act of 1933, as

amended,’’ and adding the phrase

‘‘Section 404(b) of the Uruguay Round

Agreements Act (19 USCS § 3601(b))

expanding the quantity of peanuts

subject to the in-quota rate of duty

under a tariff-rate quota, or under

section 22 of the Agricultural

Adjustments Act (7 U.S.C. 624),

reenacted with amendments by the

Agricultural Marketing Agreement Act

of 1937’’.

3. Section 1446.704 is revised to read

as follows:

§ 1446.704 Reductions of penalties.

(a) Request for reconsideration. A

handler who is dissatisfied with a

penalty that has been assessed against

such handler by the CCC Contracting

Officer pursuant to this part may file a

written request for reconsideration or

reduction of the penalty that has been

assessed. Such request must be made

within 15 days after the date of the

notice of assessment.

(b) Reduction of penalties.

(1) By CCC Contracting Officer. To the

extent permitted by the provisions of

paragraph (d) of this section, the CCC

Contracting Officer may reduce the

amount of penalty that is otherwise

determined or assessed in accordance

64596 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

with this part. Such reduction may be

made before the penalty is assessed or

may be made during the course of an

appeal.

(2) By the Executive Vice President,

CCC. To the extent permitted by the

provisions of paragraph (d) of this

section, the Executive Vice President,

CCC, or the Executive Vice President’s

designee, may reduce the amount of

penalty that has been assessed in

accordance with this part.

(c) Reduction criteria. A penalty that

is determined or assessed in accordance

with this part may be reduced by the

CCC Contracting Officer or the

Executive Vice President, CCC, or the

Executive Vice President’s designee, if

such person determines that:

(1) The violation for which the

penalty was assessed was minor or

inadvertent;

(2) A reduction in the amount of the

penalty would not impair the effective

operation of the peanut program; and

(3) The assessment of penalty was not

made for failure to export contract

additional peanuts.

(d) Reduction limits.

(1) If the reduction criteria in

paragraph (c) of this section has been

met, the CCC Contracting Officer or the

Executive Vice President, CCC, or the

Executive Vice President’s designee, as

applicable, may reduce the penalty by

such amount as such person considers

appropriate (including a full reduction

of the entire penalty) after taking into

account the severity of the violation and

the violation history of the handler.

(2) If one of the criteria in paragraphs

(c) (1) and (2) of this section has not

been satisfied and the remaining criteria

has been satisfied, the penalty shall not

be reduced to less than an amount

which is equal to 40 percent of the

national average quota support rate for

the applicable crop year times the

quantity of peanuts involved in the

violation.

(3) There shall not be a limit on the

amount by which an assessment of

liquidated damages may be reduced by

the CCC Contracting Officer or the

Executive Vice President, CCC, or the

Executive Vice President’s designee.

§ 1446.705 and 1446.706 [Redesignated as

sections 1446.706 and 1446.707]

4. Sections 1446.705 and 1446.706 are

redesignated as 1446.706 and 1446.707

and § 1446.705 is added to read as

follows:

§ 1446.705 Appeals.

A handler may obtain reconsideration

and review of any adverse

determination made under this part in

accordance with the appeal regulations

found at 7 CFR parts 11 and 780 of this

title.

Signed at Washington, D.C., on October 23,

2000.

Keith Kelly,

Administrator, Farm Service Agency and

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 00–27715 Filed 10–27–00; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

Rural Utilities Service

7 CFR Part 4279

RIN 0570–AA31

Business and Industry Guaranteed

Loan Program—Domestic Lamb

Industry Adjustment Assistance

Program Set Aside

AGENCY: Rural Business-Cooperative

Service, USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: The Rural BusinessCooperative Service (RBS) is amending

its regulation for Business and Industry

Loans, as part of a U.S. Department of

Agriculture (USDA) initiative to assist

the ailing domestic lamb industry, to

establish a 3-year set aside of a portion

of its Business and Industry (B&I)

Guaranteed Loan Program funds to

finance real estate purchases and

improvements, working capital, debt

refinancing, and equipment in domestic

lamb packing and processing plants.

The intended effect of this rule is to

enhance the lamb industry’s ability to

compete in the marketplace.

DATES: The effective date of this interim

rule is October 30, 2000. Written or email comments must be received on or

before December 29, 2000 to be assured

of consideration.

ADDRESSES: Submit written comments

via U.S. Postal Service, in duplicate, to

the Regulations and Paperwork

Management Branch, Attention: Cheryl

Thompson, Rural Development, U.S.

Department of Agriculture, STOP 0742,

1400 Independence Avenue, SW.,

Washington, DC 20250–0742. Submit

written comments via Federal Express

Mail, in duplicate, to the Regulations

and Paperwork Management Branch,

Attention: Cheryl Thompson, USDARural Development, 3rd Floor, 300 E

Street, SW., Washington, DC 20546.

Also, comments may be submitted via

the Internet by addressing them to

‘‘comments@rus.usda.gov.’’ The

comment must contain the word

‘‘Lamb’’ in the subject line. All

comments will be available for public

inspection during regular work hours at

the 300 E Street, SW., address listed

above.

FOR FURTHER INFORMATION CONTACT:

Roland Woodfolk, Commercial Loan

Specialist, Business Programs

Processing Division, Rural BusinessCooperative Service, U.S. Department of

Agriculture, STOP 3221, 1400

Independence Avenue, SW.,

Washington, D.C. 20250–3221,

telephone (202) 690–3805, or by sending

an e-mail message to

‘‘roland.woodfolk@usda.gov’’.

SUPPLEMENTARY INFORMATION:

Classification

This interim final rule has been

determined not significant and,

therefore, has not been reviewed by the

Office of Management and Budget

(OMB) under Executive Order 12866.

Programs Affected

The Catalog of Federal Domestic

Assistance number for this program

impacted by this action is 10.768,

Business and Industry Loans.

Intergovernmental Review

Business and Industry Guaranteed

loans are subject to the provisions of

Executive Order 12372, which require

intergovernmental consultation with

State and local officials. RBS has

conducted or will conduct

intergovernmental consultation in the

manner delineated in 7 CFR part 3015,

subpart V, ‘‘Intergovernmental Review

of Department of Agriculture Programs

and Activities.’’

Civil Justice Reform

This interim rule has been reviewed

under Executive Order 12988, ‘‘Civil

Justice Reform.’’ In accordance with this

rule: (1) All state and local laws and

regulations that are in conflict with this

rule will be preempted, (2) no

retroactive effect will be given this rule,

and (3) administrative proceedings of

the National Appeals Division (7 CFR

part 11) must be exhausted before

bringing suit in court challenging action

taken under this rule.

Environmental Impact Statement

This document has been reviewed in

accordance with 7 CFR part 1940,

subpart G, ‘‘Environmental Program.’’

RBS has determined that this action

does not constitute a major Federal

action significantly affecting the quality

of the human environment, and, in