[Federal Register: December 6, 2004 (Volume 69, Number 233)]
[Rules and Regulations]
[Page 70367-70368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de04-2]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1464
RIN 0560-AH13
Tobacco Loan Program--Removal of Requirement That Producers of
Burley and Flue Cured Tobacco Designate Sales Locations
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends the regulations governing the tobacco price
support program to remove the requirement that flue-cured tobacco
farmers designate the auction warehouses where they will sell their
tobacco and that burley tobacco farmers designate all locations where
they will sell their tobacco. Currently price support is available only
at designated auction warehouses on eligible tobacco.
DATES: Effective Date: December 3, 2004.
FOR FURTHER INFORMATION CONTACT: Ann Wortham, (202) 720-2715 or
ann_wortham@wdc.usda.gov. Tobacco Division (TD), Farm Service Agency,
United States Department of Agriculture (USDA), STOP 0514, Room 5750-S,
1400 Independence Avenue, SW., Washington, DC 20250-0514.
SUPPLEMENTARY INFORMATION:
Background
The Farm Service Agency (FSA) published in the Federal Register, on
June 22, 2004, (69 FR 34615) a proposed rule to rescind the price
support eligibility provision that requires flue-cured and burley
tobacco farmers to designate the locations where they will sell their
tobacco. The proposed rule requested public comments, and the comment
period ended on July 22, 2004. To the extent practicable, some comments
that were received after that date were also considered.
Summary of Comments
FSA received 368 comments on the proposed rule. Two respondents
asked that no change be made in the current designation requirement.
This request was considered, however, weighing the requests to maintain
the existing program against the prevalence of comments requesting
elimination of the program, as was proposed, weigh heavily in favor of
changing the current requirements.
Eighteen respondents asked that the designation program be
eliminated entirely. Although FSA proposed rescinding the designation
program in June when the Agency requested input from the public, the
majority of the comments on the proposed rule did not favor total
elimination of the program. In deference to the majority of the
comments on the proposed rule, FSA will not entirely eliminate the
designation program. Thus, the final rule still contains a limited
designation requirement.
Three hundred and forty three comments suggested adjustments to the
timing of the designation requirements. Of these, 101 respondents asked
only that the waiting period for re-designation be reduced to five days
or less, 13 respondents asked that the designation program proceed as
it is currently outlined, 209 respondents asked that both designation
and subsequent re-designation requirements be made more simple. Two
hundred and twenty two of these same commentors requested that
designations be made immediately effective, and that designations be
suspended and not necessary after the first week of tobacco sales.
These comments and suggestions are addressed below.
Twenty-five comments expressed concerns about the burley tobacco
designation program. These respondents
[[Page 70368]]
asked that designations end on August 1 of the market year, followed by
two re-designation periods at the beginning of October and November,
and then immediately effective re-designations beginning on November
25. These comments requested no other changes to the current
requirements. These comments were not adopted for the reasons discussed
below.
The existing technology that the Agency uses for this program does
not allow FSA to make designations immediately effective. Therefore,
this suggestion will not be adopted.
On October 22, 2004, the Fair and Equitable Tobacco Reform Act of
2004 repealed the tobacco marketing quota and acreage allotment and
price support programs effective for the 2005 and subsequent crop
years. The designation program, part of these programs, will end with
the close of the 2004 marketing year. Accordingly, this rule deletes
the price support eligibility requirement that flue-cured and burley
tobacco farmers designate the locations where they will sell their
tobacco. The majority of the commentors wanted the designation program
to remain unchanged through the first week of tobacco sales, a time
period which has ended for both flue-cured and burley tobaccos.
Rescinding the designation requirements effective December 3, 2004,
will have the effect of complying with the majority of commentors'
requests that designation and subsequent re-designation requirements
not be necessary after the first week of sales. Tobacco producers will
be able to sell their tobacco where they wish, without waiting for a
designation to become effective through this final crop year of the
tobacco quota and price support programs.
Executive Order 12372
This final rule is not subject to the provisions of Executive Order
12372, which require 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 12866
This rule has been determined to be not significant for the
purposes of Executive Order 12866 and therefore was not reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this proposed
rule because USDA 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 rule.
Unfunded Mandates
This rule contains no Federal mandates under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) for State, local and tribal
governments or the private sector. Therefore, this rule is not subject
to sections 202 and 205 of the UMRA.
Federal Assistance Programs
The title and number of the Federal Assistance Program, as found in
the Catalog of Federal Domestic Assistance to which this rule applies,
are: 10.051--Commodity Loans and Loan Deficiency Payments.
Environmental Evaluation
The environmental impacts of this rule have been considered under
the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et
seq., the regulations of the Council on Environmental Quality (40 CFR
parts 1500-1508), and regulations of the Farm Service Agency (FSA) of
the Department of Agriculture (USDA) for compliance with NEPA, 7 CFR
part 799. An environmental evaluation was completed and the action has
been determined not to have the potential to significantly impact the
quality of the human environment and no environmental assessment or
environmental impact statement is necessary. A copy of the
environmental evaluation is available for inspection and review upon
request.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
5501 et seq.), the information collection or recordkeeping requirements
of 7 CFR part 1464 are approved by the Office of Management and Budget
(OMB) under OMB control numbers 0560-0058 and 0560-0217. Also, section
642(b) of FETRA provides these regulations be promulgated without
regard to the Paperwork Reduction Act, nor be subject to the normal
requirement for a 60-day public comment period. Nonetheless, this
action will reduce the information collected and the Agency's currently
approved burden, thus, a new burden estimate will be submitted to OMB
for approval.
List of Subjects in 7 CFR Part 1464
Price support programs, Tobacco, Warehouses.
0
Accordingly, 7 CFR part 1464 is amended as follows:
PART 1464--TOBACCO
0
1. The authority citation for 7 CFR part 1464 continues to read as
follows:
Authority: 7 U.S.C. 1421, 1423, 1441, 1445, 1445-1 and 1445-2;
15 U.S.C. 714b, 714c; Pub. L. 106-78, 113 Stat. 1135; Pub. L. 106-
113, 113 Stat. 1501; Pub. L. 1087, 117 Stat. 11.
Subpart A--Tobacco Loan Program
0
2. Amend 7 CFR 1464.2 by removing paragraph (b)(2) and redesignating
paragraphs (b)(3), (b)(4) and (b)(5) as (b)(2), (b)(3), and (b)(4),
respectively.
Signed at Washington, DC, on November 19, 2004.
James R. Little,
Executive Vice-President, Commodity Credit Corporation.
[FR Doc. 04-26828 Filed 12-2-04; 2:26 pm]
BILLING CODE 3410-05-P