[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Page 34231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16078]
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DEPARTMENT OF AGRICULTURE
Consolidated Farm Service Agency
RIN 0560-AE34
1995-1996 Marketing Year Penalty Rates for All Kinds of Tobacco
Subject to Quotas
AGENCY: Consolidated Farm Service Agency, USDA.
ACTION: Notice of Determination.
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SUMMARY: This notice sets forth the determination of the 1995-1996
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),
marketing quotas for a kind of tobacco are 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 30, 1995.
FOR FURTHER INFORMATION CONTACT: Joe Lewis, Jr., Tobacco and Peanuts
Division, Consolidated Farm Service Agency (CFSA), United States
Department of Agriculture, 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 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 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 a 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 Statistical Service, United States Department of
Agriculture determines and announces annually the average market 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 for
the immediately preceding marketing year was ``0'' pounds. There is no
record of any such tobacco being marketed. Consequently, the penalty
rate for the 1995-1996 marketing year cannot be determined based on 75
percent of the average marketing price for the immediately preceding
year. Therefore, the penalty rate for Puerto Rico (type 46) tobacco for
the 1995-1996 marketing year shall be the same as the penalty rate
determined for the 1989-1990 marketing year, the last year in which
marketing information is available.
Since the determination of the 1995-1996 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 1995-1996 marketing year rates of
penalty for all kinds of tobacco subject to marketing quotas are as
follows:
Rate of Penalty
[1995-1996 Marketing Year]
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Cents per
Kinds of tobacco pound
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Flue-Cured................................................. 1.27
Burley..................................................... 1.38
Fire-Cured (Type 21)....................................... 1.21
Fired-Cured (Types 22 and 23) 1.57
Dark Air-Cured (Types 35 and 36)........................... 1.27
Virginia Sun-Cured (Type 37)............................... 1.11
Cigar Filler and Binder (Types 42, 43, 44, 54, and 55...... l.09
Puerto Rico Cigar-Filler (Type 46)......................... .57
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Signed at Washington, D.C., on June 26, 1995.
Bruce R. Weber,
Acting Administrator, Consolidated Farm Service Agency.
[FR Doc. 95-16078 Filed 6-29-95; 8:45 am]
BILLING CODE 3410-05-P
