[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16056]
[[Page Unknown]]
[Federal Register: July 1, 1994]
VOL. 59, NO. 126
Friday, July 1, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Stabilization and Conservation Service
RIN 0560-AD81
1994-1995 Marketing Year Penalty Rates for All Kinds of Tobacco
Subject to Quotas
AGENCY: Agricultural Stabilization and Conservation Service, USDA.
ACTION: Notice of determination.
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SUMMARY: This notice sets forth the determination of the 1994-1995
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, marketing quota
penalties for a kind of tobacco are assessed at the rate of seventy-
five (75) percent of the average market price for that kind of tobacco
for the immediately preceding marketing year.
EFFECTIVE DATE: July 1, 1994.
FOR FURTHER INFORMATION CONTACT: Michael D. Thompson, Agricultural
Program Specialist, Tobacco and Peanuts Division, United States
Department of Agriculture, Agricultural Stabilization and Conservation
Service, P.O. Box 2415, Washington, DC 20013-2415, phone 202-720-4281.
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 notice
applies are: Commodity Loan and Purchases--10.051.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this notice since the Agricultural Stabilization and
Conservation Service 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 Agricultural Adjustment Act of 1938, as amended,
provides that the rate of penalty per pound for a kind of tobacco that
is subject to marketing quotas shall be seventy-five (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 1994-1995 marketing year cannot be determined based on
seventy-five (75) percent of the average market price for the
immediately preceding year. Therefore, the penalty rate for Puerto Rico
(type 46) tobacco for the 1994-1995 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 1994-1995 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 1994-1995 marketing year rates of
penalty for kinds of tobacco subject to marketing quotas are as
follows:
Rate of Penalty
[1994-1995 Marketing Year]
------------------------------------------------------------------------
Cents per
Kinds of tobacco pound
------------------------------------------------------------------------
Flue-Cured................................................... 1.26
Burley....................................................... 1.36
Fire-Cured (Type 21)......................................... 1.29
Fire-Cured (Types 22 and 23)................................. 1.65
Dark Air-Cured (Types 35 and 36)............................. 1.29
Virginia Sun-Cured (Type 37)................................. 1.14
Cigar-Filler and Binder (Types 42, 43, 44, 54, and 55)....... 1.07
Puerto Rico Cigar-Filler (Type 46)........................... .57
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Signed at Washington, DC on June 24, 1994.
Bruce R. Weber,
Acting Administrator, Agricultural Stabilization and Conservation
Service.
[FR Doc. 94-16056 Filed 6-30-94; 8:45 am]
BILLING CODE 3410-05-P
