22458 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

windbreaks, and shelterbelts. Exclusion

of these areas will contribute to

continued prevention of soil erosion

and protection of water quality and

certain wildlife habitat. Acreage

enrolled in the CRP, however, may be

devoted to one or more of many

different conservation or wildlife

practices which are designed to provide

the highest benefits for the specific land

in question. The broader expanse of

environmental issues reflected in the

CRP, ranging from reducing soil erosion

to fostering diverse wildlife habitats to

improving water quality, will be

addressed in the subsequent proposed

rule.

The acreage released under this

voluntary opportunity to current

contract holders will be replaced with

acreage targeted to obtain enhanced

environmental benefits such as wildlife

habitat, water quality, or soil erosion.

CRP participants are not obligated to

request early release from their

contracts. All signatories to the CRP

contract must agree to release of the

acreage before it can be released from

CRP.

Because CRP participants are making

planting plans and wish to carry out

these plans as early as possible, it is

necessary that this regulation be

effective upon publication. The purpose

of the early release is to allow

enrollment of replacement acreage in

the CRP which will meet higher

environmental and conservation

criteria. In order to optimize the acreage

released, this action must be effective

immediately to provide CRP

participants the opportunity to finalize

their farming plans. Accordingly, good

cause is shown for making this rule

effective upon publication in the

Federal Register.

List of Subjects

7 CFR Part 704

Administrative practices and

procedures, Conservation System,

Contracts, Technical assistance, Natural

resources, Environmental indicators,

and Base protection.

7 CFR Part 1410

Administrative practices and

procedures, Conservation System,

Contracts, Technical assistance, Natural

resources, Environmental indicators,

and Base protection.

Accordingly, 7 CFR Parts 704 and

1410 are amended as follows:

PART 704—1986–1990

CONSERVATION RESERVE PROGRAM

1. The authority citation for 7 CFR

Part 704 continues to read as follows:

Authority: 15 U.S.C. 714b and 714c; 16

U.S.C 3801–3847.

2. Section 704.20 is amended by

adding paragraph (a)(4) to read as

follows:

§ 704.20 Contract modifications.

(a) * * *

(4) Terminate certain contracts prior

to the expiration date with an effective

date no later than September 30, 1995,

provided the acreage released, if farmed,

is farmed under a basic conservation

system as determined by the Natural

Resources Conservation Service (NRCS)

until the date the contracts would have

expired or, if hayed or grazed, is hayed

or grazed in accordance with an

approved haying or grazing plan as

determined by the NRCS. Annual

payments will be prorated to the

effective date of termination and will be

made as otherwise provided in this part.

Contract acreage located within an

average of 100 feet of a stream or other

waterbody, on which a CRP easement is

filed, and contract acreage on which

there exist the following practices

installed or developed as a result of

participation in the CRP are not eligible

for termination prior to the expiration

date of the contract as provided in this

paragraph (a)(4): grass waterways, filter

strips, shallow water areas for wildlife,

bottomland timber established on

wetlands, field windbreaks, and

shelterbelts.

* * * * *

PART 1410—CONSERVATION

RESERVE PROGRAM

1. The authority citation for 7 CFR

Part 1410 continues to read as follows:

Authority: 15 U.S.C. 714b and 714c; 16

U.S.C. 3831–3847.

2. Section 1410.116 is amended by

adding paragraph (a)(5) to read a

follows:

§ 1410.116 Contract modifications.

(a) * * *

(5) Terminate certain contracts prior

to the expiration date with an effective

date no later than September 30, 1995,

provided the acreage released, if farmed,

is farmed under a basic conservation

system as determined by the Natural

Resources Conservation Service (NRCS)

until the date the contracts would have

expired or, if hayed or grazed, is hayed

or grazed in accordance with an

approved haying or grazing plan as

determined by the NRCS. Payments will

be prorated to the effective date of

termination and will be made as

otherwise provided in this part.

Contract acreage located within an

average of 100 feet of a stream or other

waterbody, acreage on which a CRP

easement is filed, and contract acreage

on which there exist the following

practices installed or developed as a

result of participation in the CRP are not

eligible for termination prior to the

expiration date of the contract as

provided in this paragraph (a)(5): grass

waterways, filter strips, shallow water

areas for wildlife, bottomland timber

established on wetlands, field

windbreaks, and shelterbelts.

* * * * *

Signed at Washington, DC, on May 3, 1995.

Grant Buntrock,

Acting Administrator, Consolidated Farm

Service Agency and Acting Executive Vice

President Commodity Credit Corporation.

[FR Doc. 95–11260 Filed 5–5–95; 8:45 am]

BILLING CODE 3410–05–P

7 CFR Parts 723 and 1464

RIN 0560–AD62

1995 Marketing Quota and Price

Support for Flue-Cured Tobacco

AGENCIES: Consolidated Farm Service

Agency and Commodity Credit

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The purpose of this final rule

is to codify determinations made by the

Secretary of Agriculture (Secretary) with

respect to the 1995 crop of flue-cured

tobacco. In accordance with the

Agricultural Adjustment Act of 1938, as

amended, (1938 Act), the Secretary

determined the 1995 marketing quota

for flue-cured tobacco to be 934.6

million pounds. In accordance with the

Agricultural Act of 1949, as amended,

(1949 Act), the Secretary determined the

1995 price support level to be 159.7

cents per pound.

EFFECTIVE DATE: December 15, 1994.

FOR FURTHER INFORMATION CONTACT:

Robert Miller, CFSA, USDA, room 3739,

South Building, P.O. Box 2415,

Washington, DC 20013–2415, on 202

720–8839.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be significant for purposes of Executive

Order 12866 and, therefore, has been

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
Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22459

Commodity Loans and Purchases—

10.051.

Executive Order 12778

This final rule has been reviewed in

accordance with Executive Order 12778,

Civil Justice Reform. The provisions of

this rule do not preempt State laws, are

not retroactive, and do not involve

administrative appeals.

Paperwork Reduction Act

The amendments to 7 CFR parts 723

and 1464 set forth in this final rule do

not contain any new or revised

information collection requirements that

require clearance through the Office of

Management and Budget under the

provisions of 44 U.S.C. chapter 35.

Statutory Background

This rule is issued pursuant to the

provisions of the 1938 Act and the 1949

Act. Section 1108(c) of P.L. 99–272

provides that the determinations made

in this rule are not subject to the

provisions for public participation in

rule making contained in 5 U.S.C. 553

or in any directive of the Secretary.

Proclamation

On December 15, 1994, the Secretary

proclaimed the national marketing

quota and announced the price support

level for the 1995 crop of flue-cured

tobacco.

A number of related determinations

were made at the same time, which this

final rule also affirms. The Secretary

also announced that a marketing quota

referendum would be conducted by

mail ballot with respect to flue-cured

tobacco.

During January 9–12, 1995, eligible

flue-cured tobacco producers voted in a

referendum to determine whether such

producers disapprove marketing quotas

for the 1995, 1996, and 1997 marketing

years (MY’s) for this kind of tobacco. Of

the producers voting, 98.7 percent

favored marketing quotas for flue-cured

tobacco. Accordingly, quotas and price

support are in effect for the 1995 MY.

Marketing Quota

Section 317(a)(1)(b) of the 1938 Act

provides, in part, that the national

marketing quota for a marketing year for

flue-cured tobacco is the quantity of

such tobacco that is not more than 103

percent nor less than 97 percent of the

total of: (1) The amount of flue-cured

tobacco that domestic manufacturers of

cigarettes estimate they intend to

purchase on U.S. auction markets or

from producers, (2) the average quantity

exported annually from the U.S. during

the three marketing years immediately

preceding the marketing year for which

the determination is being made, and (3)

the quantity, if any, that the Secretary,

in the Secretary’s discretion, determines

necessary to adjust loan stocks to the

reserve stock level.

Section 317(a)(1)(c) further provides

that, with respect to the 1995 and 1996

marketing years, any reduction in the

national marketing quota being

determined shall not exceed 10 percent

of the previous year’s national

marketing quota; except that, if actual

loan stocks exceed the prescribed

reserve stock level by 50 percent, the

Secretary may set the quota according to

the 3-component formula (plus or minus

3 percent). The reserve stock level is

defined in section 301(b)(14)(C) of the

1938 Act as the greater of 100 million

pounds or 15 percent of the national

marketing quota for flue-cured tobacco

for the marketing year immediately

preceding the marketing year for which

the level is being determined.

Section 320A of the 1938 Act

provides that all domestic

manufacturers of cigarettes with more

than 1 percent of U.S. cigarette

production and sales shall submit to the

Secretary a statement of purchase

intentions for the 1995 crop of fluecured tobacco by December 1, 1994. Six

such manufacturers were required to

submit such a statement for the 1995

crop and the total of their intended

purchases for the 1995 crop is 569.9

million pounds. The 3-year average of

exports is 371.5 million pounds.

The national marketing quota for the

1994 crop year was 802.6 million

pounds (59 FR 6865). Thus, in

accordance with section 301(b)(14)(C),

the reserve stock level for use in

determining the 1995 marketing quota

for flue-cured tobacco is 120.4 million

pounds.

On December 1, 1994, the major

cigarette manufacturers contracted with

the Flue-cured Tobacco Stabilization

Corporation to buy all 1990–1993

tobacco pledged as collateral for price

support loans. Tobacco pledged as

collateral for 1994 crop loans total 98.3

million pounds. Accordingly, the

adjustment necessary to maintain loan

stocks at the reserve supply level is an

increase of 22.1 million pounds.

The total of the three marketing quota

components for the 1995–96 marketing

year is 963.5 million pounds. In

addition, the discretionary authority to

reduce the three-component total by 3

percent was used because it was

determined that the 1995/96 supply

would be more than ample.

Accordingly, the national marketing

quota for the marketing year beginning

July 1, 1995, for flue-cured tobacco is

934.6 million pounds.

Section 317(a)(2) of the 1938 Act

provides that the national average yield

goal be set at a level that the Secretary

determines will improve or ensure the

usability of the tobacco and increase the

net return per pound to the growers.

Yields in crop year 1994 were up

substantially from the previous year, but

this was a result of exceptionally

favorable growing conditions.

Accordingly, the national average yield

goal for the 1995–96 marketing year will

be 2,088 pounds per acre, the same as

last year’s level.

In accordance with section 317(a)(3)

of the 1938 Act, the national acreage

allotment for the 1995 crop of flue-cured

tobacco is determined to be 447,605.36

acres, derived from dividing the

national marketing quota by the national

average yield goal.

In accordance with section 317(e) 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 3 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 a national reserve

for the 1995 crop of flue-cured tobacco

of 2,470 acres is adequate for these

purposes.

In accordance with section 317(a)(4)

of the 1938 Act, the national acreage

factor for the 1995 crop of flue-cured

tobacco for uniformly adjusting the

acreage allotment of each farm is

determined to be 1.16, which is the

result of dividing the 1995 national

allotment (447,605.36 acres) minus the

national reserve (2,470 acres) by the

total of allotments established for fluecured tobacco farms in 1994 (383,737.39

acres).

In accordance with section 317(a)(7)

of the 1938 Act, the national yield factor

for the 1995 crop of flue-cured tobacco

is determined to be 0.9284, which is the

result of dividing the national average

yield goal (2,088 pounds) by a weighted

national average yield (2,249 pounds).

Price Support

Price support is required to be made

available for each crop of a kind of

tobacco for which quotas are in effect,

or for which marketing quotas have not

been disapproved by producers, at a

level determined in accordance with a

formula prescribed in section 106 of the

1949 Act.

With respect to the 1995 crop of fluecured tobacco, the level of support is

determined in accordance with sections

106 (d) and (f) of the 1949 Act. Section

106(f)(7)(A) of the 1949 Act provides
22460 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

that the level of support for the 1995

crop of flue-cured tobacco shall be:

(1) The level, in cents per pound, at

which the 1994 crop of flue-cured

tobacco was supported, plus or minus,

respectively,

(2) An adjustment of not less than 65

percent nor more than 100 percent of

the total, as determined by the Secretary

after taking into consideration the

supply of the kind of tobacco involved

in relation to demand, of:

(A) 66.7 percent of the amount by

which:

(I) The average price received by

producers for flue-cured tobacco on the

United States auction markets, as

determined by the Secretary, during the

5 marketing years immediately

preceding the marketing year for which

the determination is being made,

excluding the year in which the average

price was the highest and the year in

which the average price was the lowest

in such period, is greater or less than:

(II) The average price received by

producers for flue-cured tobacco on the

United States auction markets, as

determined by the Secretary, during the

5 marketing years immediately

preceding the marketing year prior to

the marketing year for which the

determination is being made, excluding

the year in which the average price was

the highest and the year in which the

average price was the lowest in such

period; and

(B) 33.3 percent of the change,

expressed as a cost per pound of

tobacco, in the index of prices paid by

the tobacco producers from January 1 to

December 31 of the calendar year

immediately preceding the year in

which the determination is made.

The difference between the two 5-year

averages (i.e., the difference between (A)

(I) and (II)) is 0.9 cent per pound. The

difference in the cost index from

January 1 to December 31, 1994, is 4.7

cents per pound. Applying these

components to the price support

formula (0.9 cents per pound, two-thirds

weight; 4.7 cents per pound, one-third

weight) results in a weighted total of 2.2

cents per pound. As indicated, section

106 provides that the Secretary may, on

the basis of supply and demand

conditions, limit the change in the price

support level to no less than 65 percent

of that amount. In order to remain

competitive in foreign and domestic

markets, the Secretary used his

discretion to limit the increase to 65

percent of the maximum allowable

increase. Accordingly, the 1995 crop of

flue-cured tobacco will be supported at

159.7 cents per pound, 1.4 cents higher

than in 1994.

List of Subjects

7 CFR Part 723

Acreage allotments, marketing quotas,

penalties, reporting and recordkeeping

requirements, tobacco.

7 CFR Part 1464

Loan programs-agriculture, price

support programs, tobacco, reporting

and recordkeeping requirements,

warehouses.

Accordingly, 7 CFR parts 723 and

1464 are amended as follows:

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, 1314f, 1314h, 1315, 1316, 1363, 1372–

75, 1377–1379, 1421, 1445–1, and 1445–2.

2. Section 723.111 is amended by

adding paragraph (c) to read as follows:

§ 723.111 Flue-cured (types 11–14)

tobacco.

(a) * * *

(b) * * *

(c) The 1995 crop national marketing

quota is 934.6 million pounds.

PART 1464—TOBACCO

3. 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 and 1445–2; 15 U.S.C. 714b and

714c.

4. Section 1464.12 is amended by

adding paragraph (c) to read as follows:

§ 1464.12 Flue-Cured (types 11–14)

tobacco.

(a) * * *

(b) * * *

(c) The 1995 crop national price

support level is 159.7 cents per pound.

Signed at Washington, DC, on May 1, 1995.

Bruce R. Weber,

Acting Administrator, Consolidated Farm

Service Agency and Acting Executive Vice

President, Commodity Credit Corporation.

[FR Doc. 95–11181 Filed 5–5–95; 8:45 am]

BILLING CODE 3410–05–P

Commodity Credit Corporation

7 CFR Part 1468

RIN 0560–AD68

Payment Programs for Shorn Wool,

Wool on Unshorn Lambs, and Mohair

(1991–1995)

AGENCY: Commodity Credit Corporation

(CCC), USDA.

ACTION: Final rule.

SUMMARY: The purpose of this final rule

is to adopt, with certain changes, the

interim rule published in the Federal

Register on September 16, 1994 (59 FR

47530). This final rule amends the

regulations that set forth the 1991–1995

wool and mohair payment programs as

authorized by the National Wool Act of

1954, as amended.

EFFECTIVE DATE: May 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Margie Hartman, Program Specialist,

CFSA, USDA, P.O. Box 2415,

Washington, D.C., 20013, telephone

202–720–6235.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant for purposes of Executive

Order 12866 and therefore has been

reviewed by OMB.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will not have a significant impact

on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

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: National

Wool Act Payments—10.059.

Executive Order 12778

This final rule has been reviewed in

accordance with Executive Order 12778.

The provisions of this final rule do not

preempt State laws and are not

retroactive to 1992 and prior crop years

except as provided in Section

1468.18(d). Before any judicial action

may be brought regarding the provisions

of this regulation, the administrative

appeal provisions set forth at 7 CFR 780

must be exhausted.

Executive Order 12372

This program/activity is not subject to

the provisions of Executive Order

12372, which requires

intergovernmental consultation with

State and local officials. See notice

related to 7 CFR part 3015, subpart V,

published at 48 FR 29115 (June 24,

1983).

Paperwork Reduction Act

The amendments to 7 CFR part 1468

set forth in this final rule do not impose

any additional reporting or

recordkeeping requirements which