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

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

7429

Vol. 60, No. 26

Wednesday, February 8, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB–93–22]

Standards; Amendment of Definition

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department is amending

the definition of ‘‘Rework’’ pertaining to

the inspection of burley tobacco by

adding language requiring that the

average bale weight in a lot of untied

baled burley not exceed 100 pounds.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT: John

Duncan, III, Director, Tobacco Division,

AMS, USDA, Room 502 Annex

Building, P.O. Box 96456, Washington,

D.C. 20090–6456, Telephone (202) 205–

0567.

SUPPLEMENTARY INFORMATION: Notice

was given in the Federal Register on

November 29, 1994, that the Department

was proposing to revise the definition

‘‘Rework’’ in Subpart C, Section

29.3053(b) to require that the bales in

each lot not exceed an average weight of

100 pounds. This proposal was based on

a recommendation by the Burley

Tobacco Advisory Committee,

representing producers, warehouses,

and buyers, that an average bale weight

of 100 pounds would improve 2

handling, reduce spoilage associated

with heavy bales, and therefore,

improve the image of American burley.

Interested parties were given an

opportunity to comment on the

proposed rule. A total of three

comments were received, all of which

favored the proposed rule.

This rule has been determined to be

not significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by OMB.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

final rule will not preempt any State or

local laws, regulations, or policies,

unless they present an irreconcilable

conflict with this rule. There are no

administrative procedures which must

be exhausted prior to any judicial

challenge to the provisions of this rule.

Additionally, in conformance with

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), full

consideration has been given to the

potential economic impact upon small

business. All tobacco warehouses and

producers fall within the confines of

‘‘small business’’ which are defined by

the Small Business Administration (13

CFR 121.2) as those having gross annual

revenues for the last 3 years of less than

$500,000, and small agricultural service

firms are defined as those whose gross

annual receipts are less than $3,500,000.

The Administrator, Agricultural

Marketing Service, has determined that

this action would not have a significant

economic impact on a substantial

number of small entities. This final rule

would not substantially affect the

normal movement of the commodity in

the marketplace. Compliance with this

final rule would not impose substantial

direct economic cost, recordkeeping, or

personnel workload changes on small

entities, and would not alter the market

share or competitive positions of small

entities relative to the large entities and

would in no way affect normal

competition in the marketplace.

The information collection has been

submitted for approval to OMB under

Docket 0581–0056.

List of Subjects in 7 CFR Part 29

Administrative practice and

procedure, Advisory Committees,

Government publications, Imports,

Pesticides and pests, Reporting and

recordkeeping requirements, Tobacco.

For the reasons set forth in the

preamble, the regulations at 7 CFR Part

29 are amended as follows:

PART 29—TOBACCO INSPECTION

Subpart C—Standards

1. The authority citation for Subpart

C continues to read as follows:

Authority: 7 U.S.C. 511b, 511m, and 511r.

2. Paragraph (b) of § 29.3053 is revised

to read as follows:

§ 29.3053 Rework.

* * * * *

(b) Tobacco not properly tied in

hands, not packed in bales

approximately 1×2×3 feet, not oriented,

not packed straight, bales not opened for

inspection when chosen by a grader,

lots exceeding an average bale weight of

100 pounds, or otherwise not properly

prepared for market.

Dated: February 2, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–3145 Filed 2–7–95; 8:45 am]

BILLING CODE 3410–02–P

Consolidated Farm Service Agency

7 CFR Part 729

RIN 0560–AD66

1995-Crop Peanuts National Poundage

Quota

AGENCY: Consolidated Farm Service

Agency, USDA.

ACTION: Final rule.

SUMMARY: On December 15, 1994, the

Secretary of Agriculture (Secretary)

announced that the national poundage

quota for quota peanuts was established

at 1,350,000 short tons (st). This final

rule codifies the announced quota. The

quota is established pursuant to

statutory requirements contained in the

Agricultural Adjustment Act of 1938, as

amended (the 1938 Act).

EFFECTIVE DATE: December 15, 1994.

FOR FURTHER INFORMATION CONTACT: John

A. Craven, Consolidated Farm Service

Agency (CFSA), United States

Department of Agriculture (USDA),

room 3739, South Building, P.O. Box

2415, Washington, DC 20013–2415,

telephone 202–690–0446.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final 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
7430 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations

Commodity Loans and Purchases—

10.051.

Executive Order 12778

This final rule has been reviewed in

accordance with Executive Order 12778.

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 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.

Paperwork Reduction Act

The amendments to 7 CFR part 729

set forth in this final rule do not contain

information collection requirements that

require clearance through the Office of

Management and Budget under the

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

Announcement of the Quota

Section 358–1(a)(1) of the 1938 Act

requires that the national poundage

quota for peanuts for each of the 1991

through 1997 marketing years (MY’s) be

established by the Secretary at a level

that is equal to the quantity of peanuts

(in tons) that the Secretary estimates

will be devoted in each such MY to

domestic edible, seed, and related uses.

Section 358–1(a)(1) further provides that

the national poundage quota for a MY

shall not be less than 1,350,000 st. The

MY for 1995-crop peanuts runs from

August 1, 1995, through July 31, 1996.

Poundage quotas for the 1991–95 crops

of peanuts were approved by 98.2

percent of peanut growers voting in a

referendum conducted December 10

through 13, 1990.

The national poundage quota for the

MY for the 1995 crop was established at

1,350,000 pounds, the statutory

minimum, based on comparison with

the following data:

ESTIMATED DOMESTIC EDIBLE, SEED,

AND RELATED USES FOR 1995-

CROP PEANUTS

Item

Farmer

stock

equivalent

(short

tons)

Domestic edible:

Domestic prod. for domestic

food use ................................. 984,000

On-farm and local sales ............ 19,600

Seed ............................................. 100,000

ESTIMATED DOMESTIC EDIBLE, SEED,

AND RELATED USES FOR 1995-

CROP PEANUTS—Continued

Item

Farmer

stock

equivalent

(short

tons)

Related uses:

Crushing residual ...................... 130,100

Shrinkage and other losses ...... 39,400

Segregation 2 and 3 loan transfers to quota loan .................. 20,000

Total ................................... 1,293,100

Estimates of domestic production for

domestic food use peanuts are

developed in two steps. First, the farmer

stock equivalent of peanuts for edible

food use is projected by USDA’s

Interagency Commodity Estimates

Committee (ICEC). Second, the ICEC

food use estimate is reduced by the

amount of peanut butter exports, edible

peanut imports, and peanut butter

imports since the ICEC food use

estimate is an aggregate which includes

peanut product exports and is derived

from total supply that includes imports

of peanuts and peanut butter. Peanut

product exports are in most instances

made from, or otherwise credited under

section 359a(e)(1) of the 1938 Act as

being made from, additional peanuts.

Farm use and local sales is estimated

at 1 percent of ICEC’s production

estimate. This percentage reflects the

average difference between USDA

production estimates and Federal-State

inspection data.

Seed use is based on projected 1996-

crop planted acreage and a farmer stock

equivalent seeding rate of 125 pounds

per acre.

The crushing residual is the portion of

farmer stock quota peanuts suitable only

for the crushing market. The quota must

be sufficient to provide for the shelling

of both edible and crushing grades.

Therefore, a crushing residual

representing the farmer stock equivalent

weight of crushing grade kernels shelled

from quota peanuts is included under

the ‘‘related uses’’ category. The

crushing residual is estimated under the

assumption that crushing peanuts will

be approximately 12 percent, on a

farmer stock basis, of total domestic

food and seed production.

Shrinkage and other losses is an

estimate of reduced kernel weight

available for marketing as well as for

kernel losses due to damage, fire, and

spillage. These losses were estimated by

multiplying a factor of 0.04 times

domestic food use. The utilized factor is

a CFSA estimate equal to the minimum

allowable shrinkage used in calculating

a handler’s obligation to export or crush

additional peanuts as set forth in section

359a(d)(2)(iv) of the 1938 Act. Excessive

moisture and weight loss due to foreign

material in delivered farmer stock

peanuts were not considered since such

factors are accounted for at buying

points and do not impact upon quota

marketing tonnage.

Segregation 2 and 3 loan transfers to

quota loan represent transfers of

Segregation 2 and 3 peanuts from

additional price support loan pools to

quota loan pools. Such transfers occur

when quota peanut producers have

insufficient Segregation 1 peanuts to fill

their quotas yet have Segregation 2 and

3 peanuts in additional loan pools

which would have been eligible to be

pledged as collateral for quota loans if

it were not for quality problems. In such

cases, for price support purposes only,

these peanuts may be pledged as

collateral for such loans. Regarding the

disposition of such peanuts, the

Commodity Credit Corporation will

ensure that they are crushed for oil.

List of Subjects in 7 CFR Part 729

Poundage quotas, Peanuts, Reporting

and recordkeeping requirements.

Accordingly, 7 CFR part 729 is

amended as follows:

PART 729—PEANUTS

1. The authority citation for 7 CFR

part 729 continues to read as follows:

Authority: 7 U.S.C. 1301, 1357 et seq.,

1372, 1373, 1375; 7 U.S.C. 1445c–3.

2. Section 729.214 is amended by

adding paragraph (e) to read as follows:

§ 729.214 National poundage quota.

* * * * *

(e) The national poundage quota for

peanuts for marketing year 1995 is

1,350,000 short tons.

Signed at Washington, DC, on February 2,

1995.

Bruce R. Weber,

Acting Administrator, Consolidated Farm

Service Agency.

[FR Doc. 95–3043 Filed 2–7–95; 8:45 am]

BILLING CODE 3410–05–P

Agricultural Marketing Service

7 CFR Part 920

[Docket No. FV94–920–4FR]

Kiwifruit Grown in California; Changes

in District Boundaries

AGENCY: Agricultural Marketing Service,

USDA.