[Federal Register: November 17, 2004 (Volume 69, Number 221)]
[Notices]               
[Page 67298-67299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no04-19]                         

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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Farm Service Agency

 
The Fair and Equitable Tobacco Reform Act of 2004

AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Notice of meeting.

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SUMMARY: The Department of Agriculture (USDA) will conduct a public 
meeting to solicit comments regarding the implementation of the 
assessment provisions of the Fair and Equitable Tobacco Reform Act of 
2004 (the Act). The meeting will be open to the public, with attendance 
limited to available space on a first-come basis. No fee will be 
required.

DATES: The meeting is scheduled for November 22, 2004, from 9 a.m. to 4 
p.m. Requests to address the meeting and written comments on the 
subject of assessments must be submitted by November 18, 2004. To the 
extent possible, we will consider late-filed submissions.

ADDRESSES: The meeting will be held in USDA's Jefferson Auditorium, 
South Building, 1400 Independence Avenue, SW., Washington, DC 20250.
    Requests to address the meeting and written comments may be 
submitted by any of the following methods:
     E-Mail: Send to 
tob_comments@wdc.usda.gov.
     Fax: Send to (202) 720-6426.
     Mail: Send to Director, Tobacco Division, Farm Service 
Agency, United States Department of Agriculture (USDA), STOP 0514, Room 
4080-S,

[[Page 67299]]

1400 Independence Ave., SW., Washington, DC 20250-0514.
     Hand Delivery or Courier: Deliver to the above address.

FOR FURTHER INFORMATION CONTACT: Mary Tjeerdsma by phone at: (202) 690-
2524; by fax at (202) 720-6426 or by e-mail at mary.tjeerdsma@usda.gov.
    Persons with disabilities who require special accommodation to 
attend or participate in the meeting should contact Mary Tjeerdsma by 
November 18, 2004.

SUPPLEMENTARY INFORMATION:

I. Background

    The Fair and Equitable Tobacco Reform Act of 2004 (Pub. L. 108-357) 
(the Act) was enacted on October 22, 2004. The Act terminated the 
Federal Tobacco Marketing Quota and Price Support Loan Programs 
beginning with the 2005 crop year and provided that USDA will offer to 
enter into contracts with tobacco quota holders and producers for 
transitional payments.
    In order to enter into a contract to receive these payments, a 
person must submit an application containing sufficient information to 
determine eligibility. For each of the 10 fiscal years beginning with 
2005, a payment will be made to each eligible quota holder or producer. 
Total payments of up to $7.00 per pound to quota holders and up to 
$3.00 per pound to quota producers will be paid over the 10-year 
period, not to exceed $10,140,000,000.
    In order to fund the contract payments to quota holders and 
producers, the Secretary is required to impose quarterly assessments on 
each manufacturer and importer of tobacco products sold in the United 
States. Assessments will be deposited in a revolving trust fund within 
the Commodity Credit Corporation, to be known as the Tobacco Trust 
Fund. Beginning with the calendar quarter ending on December 31 of each 
of the fiscal years 2005 through 2014, the assessment payments for each 
of the four calendar-quarter periods must be sufficient to cover 
contract payments to quota holders and producers and other expenditures 
from the Tobacco Trust Fund that correspond to that period.
    The Act provided the percentages of the total amount to be paid in 
fiscal year 2005 by manufacturers and importers of each class of 
tobacco product as follows:
     Cigarette--96.331%.
     Cigar--2.783%.
     Snuff--0.539%.
     Roll-your-own--0.171%.
     Pipe--0.066%.
    The percentages for subsequent fiscal years will be adjusted to 
reflect any change in the share of gross domestic sales volume held by 
each class of product.
    The quarterly assessment to be paid by each manufacturer or 
importer of a class of tobacco product will be determined by the 
manufacturer's or importer's market share of that class of tobacco 
product for the quarter.
    The full text of the Act is available at http://www.fsa.usda.gov/buyout/
.


II. Registration

    Registration may be by e-mail at tob_comments@wdc.usda.gov or you 
may contact the Public Meeting Coordinator, Mary Tjeerdsma, to register 
by phone at (202) 690-2524 or by fax at (202) 720-6426. The following 
information must be provided when registering to attend the meeting: 
Name, company name and address, telephone and fax numbers, e-mail 
addresses and special needs information. A staff member will confirm 
your registration by e-mail, fax, or phone. You may also register in 
person at the meeting.

III. Presentations and Comment Format

A. Primary Speaker Presentations

    Persons who wish to be primary speakers must register to attend the 
meeting before the day of the meeting using the registration procedures 
described above. At the time of registration, primary speakers must 
provide a brief, written statement regarding the nature of the 
information they intend to provide. In addition, on the day of the 
meeting, primary speakers must provide a written summary of their 
comments to the Public Meeting Coordinator.

B. ``5-Minute'' Speaker Presentations

    Other attendees will be permitted to sign up at the meeting, on a 
first-come, first-served basis, to make 5-minute presentations on 
individual agenda items. Based on the number of items on the agenda and 
the progress of the meeting, a determination will be made at the 
meeting by the Public Meeting Coordinator and the meeting moderator 
regarding how many 5-minute speakers can be accommodated. In order to 
offer the same opportunity to all attendees, there is no pre-
registration for 5-minute speakers. Attendees may sign up only on the 
day of the meeting to make a 5-minute presentation. They must provide 
their name, company name and address, contact information as specified 
on the sign up sheet, and identify the specific agenda item that will 
be addressed.

C. Written Comments

    We welcome written comments from anyone, whether or not they have 
had the opportunity to make an oral presentation. Written comments may 
be submitted at the meeting or, by December 10, 2004 by the following 
methods:
     E-Mail: Send comments to tob_comments@wdc.usda.gov.
     Mail: Send comments to Director, Tobacco Division, Farm 
Service Agency, United States Department of Agriculture (USDA), STOP 
0514, Room 4080-S, 1400 Independence Avenue, SW., Washington, DC 20250-
0514.

IV. General Information

    The meeting will be held in a Federal government building. 
Therefore, Federal security measures will be in force. In planning your 
arrival, we recommend allowing extra time to clear security. Entry to 
the building will be at the 4th Wing entrance on Independence Avenue. 
In order to enter the building, participants must bring a government-
issued photo identification. Entry may be denied to persons without 
proper identification.
    In addition, all persons entering the building must pass through a 
metal detector. All items brought to the meeting, whether personal or 
for the purposes of demonstration or support of a presentation, are 
subject to inspection. We cannot assume responsibility for coordinating 
the receipt, transfer, transport, storage, set-up, safety, or timely 
arrival of any personal belongings or items used for demonstration or 
support of a presentation.

    Signed at Washington, DC, November 11, 2004.
James R. Little,
Administrator, Farm Service Agency, and Executive Vice-President, 
Commodity Credit Corporation.
[FR Doc. 04-25526 Filed 11-12-04; 3:50 pm]

BILLING CODE 3410-05-P