[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32425-32426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16035]



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DEPARTMENT OF AGRICULTURE
Farm Service Agency


1996-1997 Marketing Year Penalty Rates for All Kinds of Tobacco 
Subject to Quotas

AGENCY: Farm Service Agency, USDA.

ACTION: Notice of determination.

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SUMMARY: This notice sets forth the determination of the 1996-1997 
marketing year penalty rate for excess tobacco for all kinds of tobacco 
subject to marketing quotas. In accordance with section 314 of the 
Agricultural Adjustment Act of 1938, as amended (the 1938 Act), the 
marketing quota penalty for a kind of tobacco is assessed at the rate 
of 75 percent of the average market price for that kind of tobacco for 
the immediately preceding marketing year.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT: Joe Lewis, Jr., Tobacco and Peanuts 
Division, Farm Service Agency (FSA), United States Department of 
Agriculture, AG Box 0514, P.O. Box 2415, Washington, DC 20013-2415, 
telephone (202) 720-0795.

SUPPLEMENTARY INFORMATION:

Executive Order 12886

    This action has been determined to be not significant for purposes 
of Executive Order 12886 and therefore has not been reviewed by the 
Office of Management and Budget.

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.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this notice since the FSA 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 notice.

Executive Order 12372

    This activity 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 12778

    Executive Order 12778 is not applicable to this notice.

Discussion

    Section 314 of the 1938 Act, provides that the rate of penalty per 
pound for a kind of tobacco that is subject to marketing quotas shall 
be 75 percent of the average market price for such tobacco for the 
immediately preceding marketing year.
    For all kinds of tobacco subject to marketing quotas, except Puerto 
Rico (type 46) tobacco, the Agricultural Statistics Board, National 
Agricultural

[[Page 32426]]

Statistical Service, United States Department of Agriculture announced 
in a May 10, 1996, Crop Production Report the relevant average prices 
for each type of tobacco. The penalty rates are determined on the basis 
of this information.
    The national marketing quota for Puerto Rico (type 46) tobacco has 
been zero since 1989. Therefore, the penalty rate for Puerto Rico (type 
46) tobacco for the 1996-1997 marketing year shall be the same as the 
penalty rate determined for the 1989-1990 marketing year, the last year 
that marketing information was available.
    Since the determination of the 1996-1997 marketing year rates of 
penalty reflect only mathematical computations which are required to be 
made in accordance with a statutory formula, it has been determined 
that no further public rulemaking is required.

Determination

    Accordingly, it is determined the 1996-1997 marketing year rates of 
penalty for kinds of tobacco subject to marketing quotas are as 
follows:

                             Rate of Penalty                            
                       [1996-1997 Marketing Year]                       
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                                                               Cents per
                      Kinds of tobacco                           pound  
------------------------------------------------------------------------
Flue-Cured..................................................         134
Burley......................................................         139
Fire-Cured (Type 21)........................................         122
Fired-Cured (Types 22 and 23)...............................         163
Dark Air-Cured (Types 35 and 36)............................         132
Virginia Sun-Cured (Type 37)................................         115
Cigar Filler and Binder (Types 42, 43, 44, 54, and 55)......         109
Puerto Rico Cigar-Filler (Type 46)..........................          57
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    Signed at Washington, DC, on June 17, 1996.
Bruce R. Weber,
Administrator, Farm Service Agency.
[FR Doc. 96-16035 Filed 6-21-96; 8:45 am]
BILLING CODE 3410-05-P