[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Rules and Regulations]               
[Page 41310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-3]                         

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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 723

RIN 0560-AG68

 
Sale and Purchase of Flue-Cured Tobacco Across County Lines 
(Florida and Georgia)

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: This rule amends regulations that govern tobacco quotas and 
allotments to allow the transfer by sale of a flue-cured quota in 
either Georgia or Florida to another farm, for production on that farm, 
in another county in that State. The Farm Service Agency (the Agency) 
held a referendum of producers to determine their opinion on the sale 
of allotments across county lines. Flue-cured producers in Georgia and 
Florida voted to permit transfers across county lines and this rule 
implements those results.

DATES: Effective June 18, 2002.

FOR FURTHER INFORMATION CONTACT: Ann Wortham, Agricultural Program 
Specialist, Tobacco Branch, FSA, USDA, STOP 0514, 1400 Independence 
Avenue, SW, Washington, DC 20250-0540: Telephone--(202) 720-2715; 
electronic mail: ann_wortham@wdc.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule is issued in conformance with Executive Order 
12866. It was not determined to be significant or economically 
significant by the Office of Management and Budget.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this rule 
because the United States Department of Agriculture (USDA) is not 
required by 5 U.S.C. 553 or any other law to publish a notice of 
proposed rulemaking on the substance of this rule.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an environmental assessment nor an 
Environmental Impact Statement is needed.

Executive Order 12372

    This program 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).

Unfunded Mandates

    This rule contains no Federal mandates under the provisions of 
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 the requirements of sections 202 and 205 of the UMRA.

Federal Assistance Program

    The title and number of the Federal assistance program, as found in 
the Catalogue of Federal Domestic Assistance, to which this rule 
applies is as follows:
    10.051--Commodity Loans and Loan Deficiency Payments.

Paperwork Reduction Act

    This rule does not impact the information collection requirements 
of 7 CFR part 723 approved by OMB and assigned OMB control number 0560-
0058.

Discussion of Final Rule

    This Final Rule will amend 7 CFR part 723 by implementing 
requirements of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2000, Pub. L. 
106-78 (the Act), that allow transfer by sale of flue-cured tobacco 
allotment or quota across county lines if a majority of eligible 
producers so vote in a referendum.
    Current regulations limit the Agency to approving only requests for 
sale of flue-cured tobacco from one farm to another farm located within 
the same county. The Act, however, permitted a transfer across county 
lines if a sufficient number of voting producers who own or grow the 
tobacco wanted it. The Act directed the Secretary to conduct a 
referendum within any State in which at least 25 percent of the active 
flue-cured producers in that State petitioned the Secretary to do so. 
Thus, the producers themselves would determine if the regulations would 
permit the sale of flue-cured tobacco across county lines.
    More than the required 25 percent of active flue-cured tobacco 
producers in both Florida and Georgia requested a referendum. The 
Agency conducted the referenda in October 2001 and a majority of the 
eligible voters who voted in the referenda approved permitting the sale 
of flue-cured tobacco quota across county lines.
    This rule is not published for notice and comment because it 
implements statutory and regulatory provisions which are binding on the 
Agency. Since the Agency does not have discretion in this matter, 
public comment would not be able to affect the provisions of the rule. 
Therefore the rule is published as final and effective upon 
publication.

List of Subjects in 7 CFR Part 723

    Allotment, Quota, Transfer.

PART 723--TOBACCO

    1. The authority citation for 7 CFR part 723 continues to read as 
follows:

    Authority: 7 U.S.C. 1301, 1311-1314, 1314-1, 1314b, 1314b-1, 
1314c, 1314d, 1314e, 1314f, 1314i, 1315, 1316, 1362, 1363, 1372-75, 
1421, 1445-1, and 1445-2.

    2. Section 723.216 is amended by revising paragraph (f)(1) to read 
as follows:


Sec. 723.216  Transfer of tobacco acreage allotment or marketing quota 
by sale, lease, or owner.

* * * * *
    (f) * * *
    (1) Location of buying and selling farms. Marketing quota 
transferred by sale must be to a farm administratively located within 
the same county. However, beginning with the 2002 and subsequent crops, 
flue-cured tobacco owners in the States of Florida and Georgia shall be 
permitted to sell flue-cured tobacco marketing quota to any other farm 
in their respective State if all other conditions for such a sale are 
met.
* * * * *

    Signed at Washington, DC, on May 22, 2002.
James R. Little,
Administrator, Farm Service Agency and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 02-15248 Filed 6-17-02; 8:45 am]
BILLING CODE 3410-05-P