[Federal Register: December 10, 2002 (Volume 67, Number 237)]
[Notices]               
[Page 75844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de02-20]                         


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Notices
                                                Federal Register
________________________________________________________________________


This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.


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[[Page 75844]]






DEPARTMENT OF AGRICULTURE


Farm Service Agency


 
Biologically Engineered Low-Nicotine Tobaccos


AGENCIES: Farm Service Agency.


ACTION: Notice.


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SUMMARY: In a notice published in the Federal Register on May 15, 2002, 
the Farm Service Agency (FSA) invited comments from the public about 
whether the biologically-engineered, low-nicotine Burley Tobacco type 
31-V and related tobaccos should be considered quota or non-quota 
tobacco. The preponderance of public comments supported these tobaccos 
being considered non-quota for the 2003 and subsequent crop years. This 
notice announces that there will be no change to the FSA regulations to 
include these tobaccos among those which are subject to marketing quota 
regulations.


FOR FURTHER INFORMATION CONTACT: Director, Tobacco Division, FSA, USDA, 
1400 Independence Avenue, SW., Room 5750, STOP 0514, Washington, DC 
20250-0514, by phone at (202)720-2715, or email at tob--
comments@wdc.fsa.gov.


SUPPLEMENTARY INFORMATION: Recently, tobacco that was biologically-
engineered to have a low nicotine content became available to 
producers. The regulations of the Agricultural Marketing Service (AMS), 
which classifies tobacco for inspection purposes but does not determine 
types for FSA's tobacco marketing quota program, provide that certain 
tobacco which in its cured state has a nicotine content of not more 
than eight-tenths of one percent (8/10 of 1%), oven dry weight, be 
classified as type 31-V, if burley, or type 73, if flue-cured. AMS thus 
classified, for inspection purposes, the biologically engineered 
tobacco, which fell at or below that nicotine level, as being either 
type 31-V (burley) or, if cured in the same manner as flue-cured 
tobacco, as type 73 (flue-cured).
    FSA invited the views of interested persons before making any 
determination on considering biologically-engineered, low-nicotine 
tobacco as quota or non-quota tobacco. The majority of comments 
received, which were considered in formulating FSA's decision, support 
biologically-engineered, low-nicotine tobaccos being considered non-
quota. Therefore, because current FSA marketing quota regulations 
include type 31 (burley) and types 11-14 (flue-cured) as tobacco 
subject to quotas, but do not include the biologically-engineered low-
nicotine tobaccos type 31-V or type 73, FSA has determined that there 
will be no change to the marketing quota regulations. All comments are 
a matter of public record and may be viewed at the address shown above.


    Signed in Washington, DC, on November 27, 2002.
Diane Sharp,
Acting Administrator, Farm Service Agency.
[FR Doc. 02-31118 Filed 12-9-02; 8:45 am]

BILLING CODE 3410-05-P