This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27867

Vol. 60, No. 102

Friday, May 26, 1995

DEPARTMENT OF AGRICULTURE

Consolidated Farm Service Agency

7 CFR Part 723

Commodity Credit Corporation

7 CFR Part 1464

RIN 0560–AD63

1995 Marketing Quota and Price

Support for Burley 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 burley

tobacco. In accordance with the

Agricultural Adjustment Act of 1938, as

amended (1938 Act), the Secretary

determined the 1995 marketing quota

for burley tobacco to be 549.0 million

pounds. In accordance with the

Agricultural Act of 1949, as amended

(the 1949 Act), the Secretary determined

the 1995 price support level to be 172.5

cents per pound.

EFFECTIVE DATE: February 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert Tarczy, CFSA, USDA, room

3739, South Building, PO. Box 2415,

Washington, DC 20013–2415, on 202

720–5346.

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

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.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule because

CFSA is not 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.

Proclamation

On February 1, 1995, the Secretary

proclaimed the national marketing

quota and announced price support

level for the 1995 crop of burley

tobacco. The Secretary also announced

that a referendum would be conducted

by mail ballot with respect to burley

tobacco.

During February 27–March 2, 1995,

eligible burley 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, 96.8

percent favored marketing quotas for

burley tobacco. Accordingly, quotas and

price support are in effect for the 1995

MY.

Marketing Quota

Section 319(c)(3)(A)(B) of the 1938

Act provides, in part, that the national

marketing quota for a marketing year for

burley 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 burley

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 3 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 319(c)(3)(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. However, if actual loan

stocks exceed the prescribed reserve

stock level by 50 percent, the Secretary

may set the quota according to the threecomponent 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 50 million

pounds or 15 percent of the national

marketing quota for burley 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 burley

tobacco by January 15, 1995. Five 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 385.0 million pounds.

The 3-year average of exports is 160.1

million pounds.

The national marketing quota for the

1994 crop year was 542.7 million

pounds (59 FR 33723). Thus, in

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

the reserve stock level for use in

determining the 1995 marketing quota

for burley tobacco is 81.4 million

pounds.

On December 1, 1994, the major

cigarette manufacturers contracted with

Burley Tobacco Growers Cooperative

Association, Inc. and Burley

Stabilization Corporation to buy all

1991–93 loan stocks. Loans from the

1994 crop total 60.5 million pounds.

Accordingly, the adjustment necessary

to maintain loan stocks at the reserve

supply level is an increase of 20.9

million pounds.
27868 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

The total of the three marketing quota

components for the 1995–96 marketing

year is 566.0 million pounds. In

addition, USDA used the discretionary

authority to reduce the three-component

total by 3 percent because the Secretary

determined that the 1995/96 supply

would be more than ample.

Accordingly, the national marketing

quota for the marketing year beginning

October 1, 1995, for burley tobacco is

549.0 million pounds.

In accordance with section 319(c) of

the 1938 Act, the Secretary is authorized

to establish a national reserve from the

national quota in an amount equivalent

to not more than 1 percent of the

national quota for the purpose of

making corrections in farm quotas

adjusting for inequities, and for

establishing quotas for new farms. The

Secretary has determined that a national

reserve for the 1995 crop of burley

tobacco of 2,187,713 pounds is adequate

for these purposes.

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

burley 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

that the level of support for the 1995

crop of burley tobacco shall be:

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

which the 1994 crop of burley 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 burley 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 burley 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 2.1 cents per pound. The

difference in the cost index from

January 1 to December 31, 1994, is 0.9

cents per pound. Applying these

components to the price support

formula (2.1 cents per pound, two-thirds

weight; 0.9 cents per pound, one-third

weight) results in a weighted total of 1.7

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

burley tobacco will be supported at

172.5 cents per pound, 1.1 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, 1314e, 1314f, 1314i, 1315, 1316, 1362,

1363, 1372–75, 1421, 1445–1, and 1445–2.

2. Section 723.112 is amended by

adding paragraph (c) to read as follows:

§ 723.112 Burley (type 31) tobacco.

* * * * *

(c) The 1995-crop national marketing

quota is 549.0 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,

1445–1 and 1445–2; 15 U.S.C. 714b and 714c.

4. Section 1464.19 is amended by

adding paragraph (c) to read as follows:

§ 1464.19 Burley (type 31) tobacco.

* * * * *

(c) The 1995-crop national price

support level is 172.5 cents per pound.

Signed at Washington, DC, on May 21,

1995.

Bruce R. Weber.

Acting Administrator, Consolidated Farm

Service Agency and Acting Executive Vice

President, Commodity Credit Corporation.

[FR Doc. 95–13001 Filed 5–25–95; 8:45 am]

BILLING CODE 3410–05–P

Commodity Credit Corporation

7 CFR Part 1421

RIN 0560–AD67

1995-Crop Peanuts; National Average

Support Levels for Quota and

Additional Peanuts; and Minimum

Commodity Credit Corporation Export

Edible Sale Price for Additional

Peanuts

AGENCY: 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 peanut crop: the

national average support level for quota

peanuts of $678.36 per short ton (st); the

national average support level for

additional peanuts of $132 per st; and

the minimum Commodity Credit

Corporation (CCC) export edible sale

price for additional peanuts of $400 per

st. The determinations of the national

average support levels for quota and

additional peanuts were made pursuant

to the statutory requirements of the

Agricultural Act of 1949 (the 1949 Act),

as amended. The determination and

announcement of the minimum CCC

export edible sale price for additional

peanuts is a discretionary action made

to facilitate the negotiation of private

contracts for export edible peanuts.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT: John

A. Craven, Consolidated Farm Service

Agency (CFSA), Room 3744, South

Building, United States Department of

Agriculture, PO. Box 2415, Washington,

DC 20013–2415, Telephone 202–690–

0446.