Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64589

(F) Housing assistance payments

made through a State or local housing

authority;

* * * * *

(d) * * *

(1) Standard deduction. Effective

October 1, 1996, for each household in

the 48 contiguous States and the District

of Columbia, Alaska, Hawaii, Guam and

the Virgin Islands of the United States,

the standard deduction must be $134,

$229, $189, $269, and $118,

respectively.

* * * * *

(8) Adjustment of shelter deduction.

In the case of a household that does not

contain an elderly or disabled

individual, in the 48 contiguous States

and the District of Columbia, Alaska,

Hawaii, Guam and the Virgin Islands of

the United States, the excess shelter

expense deduction must not exceed:

(i) For the period beginning August

22, 1996, and ending on December 31,

1996, $247, $429, $353, $300, and $182

per month, respectively;

(ii) For the period beginning on

January 1, 1997, and ending on

September 30, 1998, $250, $434, $357,

$304, and $184 per month, respectively;

(iii) For the period beginning on

October 1, 1998, and ending on

September 30, 2000, $275, $478, $393,

$334, and $203 per month, respectively;

and

(iv) For the period beginning on

October 1, 2000, and thereafter, $300,

$521, $429, $364, and $221 per month,

respectively.

* * * * *

9. In § 273.10:

a. Amend the last sentence of

paragraph (e)(4)(i) by removing the

words ‘‘a General Notice published in

the Federal Register’’ and adding in

their place the words ‘‘a table posted on

the FNS web site, at www.fns.usda.gov/

fsp.’’

b. Revise paragraph (e)(4)(ii) to read as

follows:

§ 273.10 Determining household eligibility

and benefit levels.

* * * * *

(e) * * *

(4) * * *

(ii) Adjustment. Effective October 1,

1996, the maximum food stamp

allotments must be based on 100% of

the cost of the TFP as defined in § 271.2

of this chapter for the preceding June,

rounded to the nearest lower dollar

increment, except that on October 1,

1996, the allotments may not fall below

those in effect on September 30, 1996.

* * * * *

§ 276.2 [Amended]

10. Remove the last two sentences of

paragraph (a) and paragraph (e) in its

entirety in § 276.2.

Dated: October 13, 2000.

Shirley R. Watkins,

Under Secretary, Food, Nutrition, and

Consumer Services.

[FR Doc. 00–27483 Filed 10–27–00; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 723

Commodity Credit Corporation

7 CFR Part 1464

RIN 0560–AF86

2000 Marketing Quotas and Price

Support Levels for Fire-Cured (Type

21), Fire-Cured (Types 22–23), Dark

Air-Cured (Types 35–36), Virginia SunCured (Type 37), and Cigar-Filler and

Binder (Types 42–44 and 53–55)

Tobacco

AGENCIES: Farm Service Agency and

Commodity Credit Corporation, USDA.

ACTION: Final rule.

SUMMARY: The purpose of this rule is to

codify the national marketing quotas

and price support levels for the 2000

crops for several kinds of tobacco

announced by press release on March 1,

2000.

Quotas are necessary to adjust the

production levels of certain tobaccos to

more fully reflect supply and demand

conditions, as provided in the 1938 Act.

EFFECTIVE DATE: March 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert L. Tarczy, Tobacco and Peanuts

Division, FSA, USDA, STOP 0514, 1400

Independence Avenue, SW,

Washington, DC 20250–0514, telephone

202–720–5346, e-mail address Robert

Tarczy@wdc.fsa.usda. Copies of the

cost-benefit assessment prepared for this

rule can be obtained from Mr. Tarczy.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This 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 Loans and Purchases—

10.051.

Executive Order 12988

This final rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this 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 final rule since neither

the Farm Service Agency (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

The amendments to 7 CFR parts 723

and 1464 set forth in this final rule 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.

Statutory Background

This final rule is issued pursuant to

the provisions of the 1938 Act and the

1949 Act.

In accordance with section 312 of the

1938 Act, for tobaccos other than fluecured tobacco and burley tobacco, the

Secretary of Agriculture is required to

proclaim not later than March 1 of any

marketing year (MY) a national

marketing quota for those tobaccos for

which marketing quotas have been

approved in the prior 3 years. A

referendum on quotas for each kind is

held every 3 years.

On March 1, 2000, the Secretary

determined and announced the national

marketing quotas and price support

levels for the 2000 crops of fire-cured

(type 21), fire-cured (types 22–23), dark

air-cured (types 35–36), Virginia suncured (type 37), and cigar-filler and

binder (types 42–44 and 53–55)

tobaccos. A number of related

determinations were made at the same

time which this final rule affirms. And,

because the 1999 MY was the last of 3

consecutive years of quota for fire-cured

(types 22–23) and dark air-cured (types

64590 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

35–36) tobacco, the Secretary also

announced that referenda would be

conducted by mail with respect to those

tobaccos.

During the period March 20–24, 2000,

eligible producers of fire-cured (types

21–23) and dark air-cured (types 35–36)

tobaccos voted in separate referenda to

determine whether such producers

approved marketing quotas for the 2000,

2001, and 2002 MYs for these tobaccos.

Of the producers voting, 92.0 percent

favored marketing quotas for fire-cured

(types 21–23) tobacco and 90.4 percent

favored quotas for dark air-cured (types

35–36) tobaccos. Accordingly, quotas

and price support for both fire-cured

(types 21–23) and dark air-cured (types

35–36) tobaccos are in effect for the

2000 though 2002 MYs.

Quotas for the other tobaccos covered

by this notice were approved in

referenda and are still in effect.

Under the 1949 Act, price support is

required to be made available for each

crop of a kind of tobacco for which

marketing quotas are in effect or for

which marketing quotas have not been

disapproved by producers. With respect

to the 2000 crops of the kinds of tobacco

that are the subject of this notice, the

respective maximum levels of price

support for these kinds of tobacco is

determined in accordance with section

106 of the 1949 Act. Announcement of

the price support levels for these five

kinds of tobacco are normally made

before the planting seasons. Under the

provisions of Section 1108 (c), of Pub.

L. 99–272, the price support level

announcements do not require prior

rulemaking. For the 2000 crops, the

price support announcements were

made on March 1, 2000, at the same

time the quota announcements were

made. Quota and price support

determinations for burley and fluecured tobacco are made separately and

are the subject of separate notices.

Statutory Provisions

Section 312(b) of the 1938 Act

provides, in part, that the national

marketing quota for a kind of tobacco is

the total quantity of that kind of tobacco

that may be marketed such that a supply

of such tobacco equal to its reserve

supply level is made available during

the MY.

Section 313(g) of the 1938 Act

provides that the Secretary may convert

the national marketing quota into a

national acreage allotment for

apportionment to individual farms.

Since producers of these kinds of

tobacco generally produce considerably

less than their respective national

acreage allotments allow, a larger quota

is necessary to make available

production equal to the reserve supply

level. Further, under section 312(b) of

the 1938 Act, the amount of the national

marketing quota may, not later than the

following March 1, be increased by not

more than 20 percent over the straight

formula amount if the Secretary

determines that such increase is

necessary in order to meet market

demands or to avoid undue restriction

of marketings in adjusting the total

supply to the reserve supply level.

Section 301(b)(14)(B) of the 1938 Act

defines ‘‘reserve supply level’’ as the

normal supply, plus 5 percent thereof,

to ensure a supply adequate to meet

domestic consumption and export needs

in years of drought, flood, or other

adverse conditions, as well as in years

of plenty. ‘‘Normal supply’’ is defined

in section 301(b)(10)(B) of the 1938 Act

as a normal year’s domestic

consumption and exports, plus 175

percent of a normal year’s domestic use

and 65 percent of a normal year’s

exports as an allowance for a normal

year’s carryover.

Normal year’s domestic consumption

is defined in section 301(b)(11)(B) of the

1938 Act as the average quantity

produced and consumed in the United

States during the 10 MYs immediately

preceding the MY in which such

consumption is determined, adjusted for

current trends in such consumption.

Normal year’s exports is defined in

section 301(b)(12) of the 1938 Act as the

average quantity produced in and

exported from the United States during

the 10 MYs immediately preceding the

MY in which such exports are

determined, adjusted for current trends

in such exports.

Also, under section 313(g) of the 1938

Act, the Secretary is authorized to

establish a national reserve from the

national acreage allotment in an amount

equivalent to not more than 1 percent of

the national acreage allotment for the

purpose of making corrections in farm

acreage allotments, adjusting for

inequities, and for establishing

allotments for new farms. The Secretary

has determined that the national

reserve, noted herein, for the 1999 crop

of each of these kinds of tobacco is

adequate for these purposes.

Press Release

On February 14, 2000, a press release

was issued in which interested persons

were requested to comment with respect

to setting quotas for the kinds of tobacco

addressed in this rule.

Discussion of Comments Received From

Press Release

Fifteen written responses were

received during the comment period

which ended March 1, 2000. A

summary of these comments by kinds of

tobacco follows:

(1) Fire-cured (type 21) tobacco. One

comment was received, recommending

a 15-percent reduction in 2000 quotas.

(2) Fire-cured (types 22–23) tobacco.

Five comments were received.

Recommendations ranged from a 5-

percent to a 71⁄2-percent increase in MY

2000 quotas.

(3) Dark air-cured (types 35–36)

tobacco. Six comments were received.

All recommended a 5-percent increase

in the quota.

(4) Virginia sun-cured (type 37)

tobacco. One comment was received,

recommending no change in quota.

(5) Cigar-filler and binder (types 42–

44 and 53–55) tobacco. Two comments

were received. One recommended a 15-

percent reduction in quotas, while the

other recommended a 20-percent

reduction.

Quota and Related Determinations

The tobacco program is, through

assessments, operated at no net cost to

taxpayers other than the costs common

to all price support operations.

Accordingly, producer comments are

given considerable weight in this

review. Based on a review of the

comments received and the latest

available statistics of the Federal

Government, which are the most

reliable data available, the following

determinations were made for the five

kinds of tobacco.

(1) Fire-Cured (Type 21) Tobacco

The average annual quantity of firecured (type 21) tobacco produced in the

United States that is estimated to have

been consumed in the United States

during the 10 MYs preceding the 1999

MY was approximately 1.0 million

pounds (farm sales weight basis). The

average annual quantity produced in the

United States and exported from the

United States during the 10 MYs

preceding the 1999 MY was 1.7 million

pounds (farm sales weight basis). Both

domestic use and exports have trended

downward. Because of these

considerations, a normal year’s

domestic consumption has been

determined to be 0.7 million pounds,

and a normal year’s exports have been

determined to be 1.62 million pounds.

Application of the formula prescribed

by section 301(b)(14)(B) of the 1938 Act

results in a reserve supply level of 4.8

million pounds (farm sales weight

basis).

Manufacturers and dealers reported

stocks held on October 1, 1999, of 2.7

million pounds. The 1999 crop is

estimated to be 2.5 million pounds.

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64591

Therefore, total supply for the 1999 MY

is 5.2 million pounds. During the 1999

MY, it is estimated that disappearance

will total approximately 2.1 million

pounds. Deducting this disappearance

from total supply results in a 2000 MY

beginning stock estimate of 3.1 million

pounds.

The difference between the reserve

supply level and the estimated

carryover on October 1, 2000, is 1.7

million pounds. This represents the

quantity that may be marketed which

will make available during the 2000 MY

a supply equal to the reserve supply

level. More than 95 percent of the

announced national marketing quota is

expected to be produced. Accordingly,

it has been determined that a 2000

national marketing quota of 1.782

million pounds is necessary to make

available production of 1.7 million

pounds. As permitted by section 312(b)

of the 1938 Act, it was further

determined that the 2000 national

marketing quota should be increased by

20 percent over the normal formula

amount in order to avoid undue

restriction of marketings. This

determination took into account the size

of last year’s quota, the comments, the

long storage time for aging purposes for

this tobacco, and the possibility of

changes in demand over expected

demand. Thus, the national marketing

quota for the 2000 crop is 2.138 million

pounds.

In accordance with section 313(g) of

the 1938 Act, dividing the 2000 national

marketing quota of 2.138 million

pounds by the 1995–99, 5-year national

average yield of 1,566 pounds per acre

results in a 2000 national acreage

allotment of 1,365.26 acres.

Pursuant to the provisions of section

313(g) of the 1938 Act, a national

acreage factor of 0.85 is determined by

dividing the national acreage allotment

for the 2000 MY, less a national reserve

of 5.58 acres, by the total of the 2000

preliminary farm acreage allotments

(previous year’s allotments). The

preliminary farm acreage allotments

reflect the factors specified in section

313(g) of the 1938 Act for apportioning

the national acreage allotment, less the

national reserve, to old farms.

(2) Fire-Cured (Types 22–23) Tobacco

The average annual quantity of firecured (types 22–23) tobacco produced

in the United States that is estimated to

have been consumed in the United

States during the 10 MYs preceding the

1999 MY was approximately 19.8

million pounds (farm sales weight

basis). The average annual quantity

produced in the United States and

exported during the 10 MYs preceding

the 1999 MY was 15.6 million pounds

(farm sales weight basis). Domestic use

has trended upward while exports have

varied. Because of these considerations,

a normal year’s domestic consumption

has been determined to be 29.9 million

pounds, and a normal year’s exports

have been determined to be 19.0 million

pounds. Application of the formula

prescribed by section 301(b)(14)(B) of

the 1938 Act results in a reserve supply

level of 119.3 million pounds (farm

sales weight basis).

Manufacturers and dealers reported

stocks held on October 1, 1999, of 86.8

million pounds. The 1999 crop is

estimated to be 34.0 million pounds.

Therefore, total supply for the 1999 MY

is 120.8 million pounds. During the

1999 MY, it is estimated that

disappearance will total approximately

40.0 million pounds. Deducting this

disappearance from total supply results

in a 2000 MY beginning stock estimate

of 86.8 million pounds.

The difference between the reserve

supply level and the estimated

carryover on October 1, 2000, is 32.5

million pounds. This represents the

quantity that may be marketed that will

make available during the 2000 MY a

supply equal to the reserve supply level.

Over 90 percent of the announced

national marketing quota is expected to

be produced. Accordingly, it has been

determined that a 2000 national

marketing quota of 35.75 million

pounds is necessary to make available

production of 32.5 million pounds.

Utilizing section 312(b) of the 1938

Act, it was further determined for the

same reason as with fire-cured (type 21)

tobacco, that the 2000 national

marketing quota should be increased by

20 percent over the normal formula

amount in order to avoid undue

restriction of marketings. Thus, the

national marketing quota for the 2000

crop is 42.9 million pounds.

In accordance with section 313(g) of

the 1938 Act, dividing the 2000 national

marketing quota of 42.9 million pounds

by the 1995–99, 5-year average yield of

2,494 pounds per acre results in a 2000

national acreage allotment of 17,201.28

acres.

Pursuant to the provisions of section

313(g) of the 1938 Act, a national

acreage factor of 1.075 is determined by

dividing the national acreage allotment

for the 2000 MY, less a national reserve

of 37.49 acres, by the total of the 2000

preliminary farm acreage allotments

(previous year’s allotments). The

preliminary farm acreage allotments

reflect the factors specified in section

313(g) of the 1938 Act for apportioning

the national acreage allotment, less the

national reserve, to old farms.

(3) Dark Air-Cured (Types 35–36)

Tobacco

The average annual quantity of dark

air-cured (types 35–36) tobacco

produced in the United States that is

estimated to have been consumed in the

United States during the 10 MYs

preceding the 1999 MY was

approximately 9.1 million pounds. The

average annual quantity produced in the

United States and exported from the

United States during the 10 MYs

preceding the 1999 MY was 1.2 million

pounds (farm sales weight basis). Both

domestic use and exports have been

erratic. Because of these considerations,

a normal year’s domestic consumption

has been determined to be 11.3 million

pounds, and a normal year’s exports

have been determined to be 1.5 million

pounds. Application of the formula

prescribed by section 301(b)(14)(B) of

the 1938 Act results in a reserve supply

level of 35.3 million pounds.

Manufacturers and dealers reported

stocks held on October 1, 1999, of 24.0

million pounds. The 1999 crop is

estimated to be 10.6 million pounds.

Therefore, total supply for the 1999 MY

is 34.6 million pounds. During the 1999

MY, it is estimated that disappearance

will total approximately 9.2 million

pounds. Deducting this disappearance

from total supply results in a 2000 MY

beginning stock estimate of 25.4 million

pounds.

The difference between the reserve

supply level and the estimated

carryover on October 1, 2000, is 9.9

million pounds. This represents the

quantity that may be marketed that will

make available during the 2000 MY a

supply equal to the reserve supply level.

Over 90 percent of the announced

national marketing quota is expected to

be produced. Accordingly, it has been

determined that a national marketing

quota of 10.625 million pounds is

necessary to make available production

of 9.9 million pounds. In accordance

with section 312(b) of the 1938 Act, it

has been further determined that the

2000 national marketing quota should

be increased by 20 percent over the

normal formula amount in order to

avoid undue restriction of marketings.

This determination took into account

the same factors as with fire-cured (type

21) tobacco and industry preferences.

This results in a national marketing

quota for the 2000 MY of 12.75 million

pounds.

In accordance with section 313(g) of

the 1938 Act, dividing the 2000 national

marketing quota of 12.75 million

pounds by the 1995–99, 5-year average

yield of 2,187 pounds per acre results in

64592 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

a 2000 national acreage allotment of

5,829.90 acres.

Pursuant to the provisions of section

313(g) of the 1938 Act, a national

acreage factor of 1.05 is determined by

dividing the national acreage allotment

for the 1999 MY, less a national reserve

of 28.61 acres, by the total of the 2000

preliminary farm acreage allotments

(previous year’s allotments). The

preliminary farm acreage allotments

reflect the factors specified in section

313(g) of the 1938 Act for apportioning

the national acreage allotment, less the

national reserve, to old farms.

(4) Virginia Sun-Cured (Type 37)

Tobacco

The average annual quantity of

Virginia sun-cured (type 37) tobacco

produced in the United States that is

estimated to have been consumed in the

United States during the 10 MYs

preceding the 1999 MY was

approximately 60,000 pounds. The

average annual quantity produced in the

United States and exported from the

United States during the 10 MYs

preceding the 1999 MY was

approximately 100,000 pounds (farm

sales weight basis). Both domestic use

and exports are erratic. Because of these

considerations, a normal year’s

domestic consumption has been

determined to be 79,000 pounds, and a

normal year’s exports have been

determined to be 17,850 pounds.

Application of the formula prescribed

by section 301(b)(14)(B) of the 1938 Act

results in a reserve supply level of

259,000 pounds.

Manufacturers and dealers reported

stocks held on October 1, 1999, of

50,000 pounds. The 1999 crop is

estimated to be 160,000 pounds.

Therefore, total supply for the 1999 MY

is 210,000 pounds. During the 1999 MY,

it is estimated that disappearance will

total approximately 80,000 pounds.

Deducting this disappearance from total

supply results in a 2000 MY beginning

stock estimate of 130,000 pounds.

The difference between the reserve

supply level and the estimated

carryover on October 1, 1999, is 129,000

pounds. This represents the quantity

that may be marketed that will make

available during the 1999 MY a supply

equal to the reserve supply level. About

three-quarters of the announced

national marketing quota is expected to

be produced. Accordingly, it has been

determined that a 2000 national

marketing quota of 171,000 pounds is

necessary to make available production

of 129,000 pounds. Thus, the national

marketing quota for the 2000 crop is

171,000 pounds.

In accordance with section 313(g) of

the 1938 Act, dividing the 2000 national

marketing quota of 171,000 pounds by

the 1995–99, 5-year average yield of

1,407 pounds per acre results in a 2000

national acreage allotment of 121.54

acres.

Pursuant to the provisions of section

313(g) of the 1938 Act, a national

acreage factor of 1.0 is determined by

dividing the national acreage allotment

for the 2000 MY, less a national reserve

of 0.58 acres, by the total of the 2000

preliminary farm acreage allotments

(previous year’s allotments). The

preliminary farm acreage allotments

reflect the factors specified in section

313(g) of the 1938 Act for apportioning

the national acreage allotment, less the

national reserve, to old farms.

(5) Cigar-Filler and Binder (Types 42–44

and 53–55) Tobacco

The average annual quantity of cigarfiller and binder (types 42–44 and 53–

55) tobacco produced in the United

States that is estimated to have been

consumed in the United States during

the 10 MYs preceding the 1999 MY was

approximately 10.3 million pounds. The

average annual quantity produced in the

United States and exported from the

United States during the 10 MYs

preceding the 1999 MY was less than

100,000 pounds (farm sales weight).

Domestic use has trended downward

and exports are very small. Thus, a

normal year’s domestic consumption

has been determined to be 5.2 million

pounds, and a normal year’s exports

have been determined to be 70,000

pounds. Application of the formula

prescribed by section 301(b)(14)(B) of

the 1938 Act results in a reserve supply

level of 15.1 million pounds.

Manufacturers and dealers reported

stocks held on October 1, 1999, of 14.3

million pounds. The 1999 crop is

estimated to be 2.8 million pounds.

Therefore, total supply for the 1999 MY

is 17.1 million pounds. During the 1999

MY, it is estimated that disappearance

will total about 5.0 million pounds.

Deducting this disappearance from total

supply results in a 2000 MY beginning

stock estimate of 12.1 million pounds.

The difference between the reserve

supply level and the estimated

carryover on October 1, 2000, is 3.0

million pounds. This represents the

quantity that may be marketed that will

make available during the 2000 MY a

supply equal to the reserve supply level.

About 80 percent of the announced

national marketing quota is expected to

be produced. Accordingly, it has been

determined that a 2000 national

marketing quota of 3.64 million pounds

is necessary to make available

production of 3.0 million pounds. This

results in a 2000 national marketing

quota of 3.64 million pounds. This

determination reflects that there are

short reserve supplies and takes into

account possible changes in expected

demand and the fact that even with this

adjustment the 2000 quota will be less

than the 1999 crop quota.

In accordance with section 313(g) of

the 1938 Act, dividing the 2000 national

marketing quota of 3.64 million pounds

by the 1995–99, 5-year average yield of

2,139 pounds per acre results in a 2000

national acreage allotment of 1,701.73

acres.

Pursuant to the provisions of section

313(g), of the 1938 Act, a national factor

of 0.825 is determined by dividing the

national acreage allotment for the 2000

MY, less a national reserve of 6.57 acres,

by the total of the 2000 preliminary farm

acreage allotments (previous year’s

allotments). The preliminary farm

acreage allotments reflect the factors

specified in section 313(g) of the 1938

Act for apportioning the national

acreage allotment, less the national

reserve, to old farms.

(6) Referendum Results for Fire-Cured

(Types 21–23) and Dark Air-cured

(Types 35–36) Tobaccos

Because of the results of the producer

referendum, marketing quotas shall be

in effect for the 2000 MY for both firecured (types 21–23) and dark air-cured

(types 35–36) tobaccos. In separate

referenda held March 20–24, 2000, 92.0

percent of fire-cured producers and 90.4

percent of dark air-cured producers

voted in favor of quotas.

REFERENDUM DATA

Kind of tobacco Total

votes Yes votes No votes

%

Yes

votes

Fire-cured (types 21–23) ......................................................................................................................... 5,229 4,809 420 92.0

Dark Air-cured (types 35–36) .................................................................................................................. 5,295 4,785 510 90.4

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64593

Price Support

Statutory Provisions

Section 106(f)(6)(A) of the 1949 Act

provides that the level of support for the

2000 crop of a kind of tobacco (other

than flue-cured and burley) shall be the

level in cents per pound at which the

1999 crop of such kind of tobacco was

supported, plus or minus, as

appropriate, the amount by which the

basic support level for the 2000 crop, as

it would otherwise be determined under

section 106(b) of the 1949 Act, is greater

or less than the support level for the

1999 crop, as it would otherwise be

determined under section 106(b). To the

extent that the price support level

would be increased as a result of that

comparison, section 106(f) provides that

the increase may be modified using the

provisions of 106(d). Under 106(d), the

Secretary may reduce the level of

support for grades the Secretary

determines will likely be in excess

supply so long as the weighted level of

support for all grades maintains at least

65 percent of the increase in the price

support (from the previous year). The

Secretary must consult with the

appropriate tobacco associations and

take into consideration the supply, and

anticipated demand for the tobacco,

including the effect of the action on

other kinds of quota tobacco. In

determining whether the supply of any

grade of any kind of tobacco of a crop

will be excessive, the Secretary is

required to consider the domestic

supply, including domestic inventories,

the amount of such tobacco pledged as

security for price support loans, and

anticipated domestic and export

demand, based on the maturity,

uniformity, and stalk position of such

tobacco.

Section 106(b) of the 1949 Act

provides that the ‘‘basic support level’’

for any year is determined by

multiplying the support level for the

1959 crop of such kind of tobacco by the

ratio of the average of the index of

prices paid by farmers, including wage

rates, interest and taxes (referred to as

the ‘‘parity index’’) for the 3 previous

calendar years to the average index of

such prices paid by farmers, including

wage rates, interest and taxes for the

1959 calendar year.

In addition, section 106(f)(6)(B) of the

1949 Act provides that to the extent

requested by the board of directors of an

association through which price support

is made available to producers

(producer association), the Secretary

may reduce the support level

determined under section 106(f)(6)(A) of

the 1949 Act for the respective kind of

tobacco to more accurately reflect the

market value and improve the

marketability of such tobacco.

Accordingly, the price support level for

a kind of tobacco set forth in this rule

could be reduced if such a request is

made.

Price Support Determinations

The following levels of price support

for the 1999 crops of various kinds of

tobacco, which were determined in

accordance with section 106(f)(6)(A) of

the 1949 Act, are as follows:

Kind and type Support level

(cents per pound)

Fire-cured (type 21) ........ 155.9

Fire-cured (types 22–23) 171.6

Dark air-cured (types 35–

36) ............................... 148.1

Virginia sun-cured (type

37) ............................... 138.0

Cigar-filler and binder

(types 42–44 and 53–

55) ............................... 123.8

For the 2000 crop year:

(1) Average parity indexes for

calendar year periods 1996–1998 and

1997–1999 are as follows:

Year Index Year Index

1996 .......................................................................................... 1,531 1997 ......................................................................................... 1,574

1997 .......................................................................................... 1,574 1998 ......................................................................................... 1,532

1998 .......................................................................................... 1,532 1999 ......................................................................................... 1,537

Average .................................................................................... 1,546 Average .................................................................................... 1,548

(2) Average parity index, calendar

year 1959 = 298.

(3) 1999 ratio of 1,546 to 298 = 5.19;

2000 ratio of 1,548 to 298 = 5.19.

(4) Ratios times 1959 support levels

are as follows:

Kind and type of tobacco

1959 support level Basic support level 1

Increase from

1999 to 2000 (¢/lb.) 1999 (¢/lb.) 2000 (¢/lb.)

Fire-cured (type 21) ................................................................. 38.8 200.2 200.2 0

Fire-cured (types 22–23) ......................................................... 38.8 200.2 200.2 0

Dark air-cured (types 35–36) ................................................... 34.5 178.0 178.0 0

Virginia sun-cured (type 37) .................................................... 34.5 178.0 178.0 0

Cigar-filler and binder (types 42–44, 53–55) ........................... 28.6 147.6 147.6 0

1 1999 ratio is 5.19, 2000 ratio is 5.19.

Accordingly, the following price

support determinations were announced

on March 1, 2000, for the 2000 crops of

the tobaccos which are the subject of

this notice:

Kind and type of tobacco Support level

(cents per pound)

Fire-cured (type 21) ........ 155.9

Fire-cured (types 22–23) 171.6

Dark air-cured (types 35–

36) ............................... 148.1

Kind and type of tobacco Support level

(cents per pound)

Virginia sun-cured (type

37) ............................... 138.0

Cigar-filler and binder

(types 42–44 and 53–

55) ............................... 123.8

List of Subjects

7 CFR Part 723

Acreage allotments, Marketing quotas,

Penalties, Reporting and recordkeeping

requirements, Cigarettes.

7 CFR Part 1464

Price supports, Tobacco.

Accordingly, 7 CFR parts 723 and

1464 are amended to read as follows:

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