Unknown. Final rule

4,708 words·~21 min read·/register/2003/06/11/03-14624·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2003-06-11.xml --- 68 112 Wednesday, June 11, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 34909 03-14633 Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35052-35059 03-14708 03-14709 03-14710 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35005-35006 03-14620 Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine):

Exotic Newcastle disease; quarantine area designations— New Mexico and Texas, 34779-34781 03-14723 NOTICES Plant-related quarantine, foreign: Orchids from Taiwan in growing media; importation, 34898-34899 03-14722 Army Army Department NOTICES Environmental statements; availability, etc.: Sierra Army Depot, CA; transfer of Honey Lake, 34909 03-14810 Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards: Indian Network of Positive People, 34972 03-14669 Grants and cooperative agreements; availability, etc.:

Cancer Surveillance Standards Development and Maintenance Program, 34972-34976 03-14671 National Healthy Homes Training Center and Network Development Program, 34977-34979 03-14667 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34995 03-14629 Coast Guard Coast Guard RULES Drawbridge operations:

Illinois, 34799-34800 03-14800 03-14801 New Jersey, 34801-34803 03-14802 Ports and waterways safety: Lake Michigan, Chicago, IL; safety zone, 34803-34805 03-14588 PROPOSED RULES Drawbridge operations: New Jersey, 34877-34879 03-14799 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34905-34907 03-14795 03-14797 03-14798 Commodity Commodity Credit Corporation RULES Loan and purchase programs:

Tobacco, flue-cured, 34777-34779 03-14624 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act: Eligible bunched customer orders; account identification, 34790-34795 03-14776 Copyright Copyright Office, Library of Congress NOTICES Small Webcaster Settlement Act of 2002: Noncommercial webcasters; sound recordings reproduction and performance agreement; rates and terms, 35008-35012 03-14791 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34995-34997 03-14689 03-14690 03-14691 Defense Defense Department See Air Force Department See Army Department PROPOSED RULES Acquisition regulations:

Activity address codes in contract numbers, 34879-34880 03-14782 NOTICES Meetings: Technology and Privacy Advisory Committee, 34909 03-14811 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Houba, Inc., 35006 03-14737 Noramco, Inc., 35006 03-14735 Varian, Inc., 35006-35007 03-14736 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 34909-34911 03-14725 03-14726 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Evaluating State Education Technology Programs, 35125-35129 03-14716 Migrant Education Program, 34911-34913 03-14717 Special education and rehabilitative services— Rehabilitation Research and Training Centers Program; correction, 34913 03-14784 Vocational and adult education— Community Technology Centers Program; correction, 34913 03-14718 Reports and guidance documents; availability, etc.: Elementary and secondary education— District of Columbia; written findings and compliance agreement, 34914-34929 03-14719 Employee Employee Benefits Security Administration NOTICES Meetings:

Employee Welfare and Pension Benefit Plans Advisory Council, 03-14699 35007-35008 03-14700 03-14701 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Rhode Island, 34813-34821 03-14572 Vermont, 34808-34813 03-14571 Washington, 34821-34825 03-14573 Hazardous waste program authorizations: Utah, 34829-34831 03-14748 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Methoprene, 34825-34829 03-14330 Toxic substances: Preliminary assessment information reporting— Benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl), etc., 34832-34838 03-14749 Water pollution; effluent guidelines for point source categories: Pharmaceutical manufacturing Partially withdrawn, 34831-34832 03-14744 NOTICES Grants and cooperative agreements; availability, etc.: State Innovation Program, 34944-34945 03-14745 Meetings: Science Advisory Board, 34945-34947 03-14746 Pesticide, food, and feed additive petitions:

BASF Corp., 34950-34955 03-14328 Eastman Chemical Co., 34955-34958 03-14200 Syngenta Seeds, Inc., 34959-34962 03-14327 Pesticide registration, cancellation, etc.: BASF Corp., 34947-34948 03-14329 Syngenta Seeds, 34949-34950 03-14326 Pesticides; experimental use permits, etc.: Circle One Global, Inc., 34962-34964 03-14462 Superfund; response and remedial actions, proposed settlements, etc.: Horseshoe Bend Dump Site, TN, 34964 03-14747 Equal Equal Employment Opportunity Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 34964-34969 03-14628 03-14739 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Farm Farm Service Agency RULES Farm marketing quotas, acreage allotments, and production adjustments:

Tobacco, flue-cured, 34777-34779 03-14624 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 34781-34790 03-13976 03-14274 Eurocopter France, 34786-34787 03-14135 PROPOSED RULES Airworthiness directives: Boeing, 34843-34847 03-14666 McDonnell Douglas, 34847-34851 03-14673 03-14674 FCC Federal Communications Commission NOTICES Meetings: Network Reliability and Interoperability Council, 34969 03-14741 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 34969-34970 03-14639 Federal Energy Federal Energy Regulatory Commission RULES Natural gas companies (Natural Gas Act):

Asset retirement obligations; accounting, financial reporting, and rate filing requirements Correction, 34795 03-14561 NOTICES Environmental statements; availability, etc.: Arizona Public Service Co., 34939 03-14612 Lake Dorothy Hydro, Inc., 34939 03-14613 Hydroelectric applications, 34939-34943 03-14751 03-14752 03-14753 03-14754 03-14755 Preliminary permits surrender: Hulah Hydro, LLC, 34943 03-14756 Reports and guidance documents; availability, etc.: Electric Quarterly Reports; public utility filing requirements and software demonstrations, 34943-34944 03-14611 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 34929 03-14762 03-14764 ANR Storage Co., 34929-34930 03-14768 CenterPoint Energy Gas Transmission Co., 34930 03-14773 Clear Fork Pipeline Co., 34930 03-14609 Colorado Interstate Gas Co., 34930-34931 03-14765 Columbia Gulf Transmission Co., 34931 03-14772 Dauphin Island Gathering Partners, 34931-34932 03-14757 03-14771 Discovery Gas Transmission LLC, 34932 03-14763 Enbridge Offshore Pipelines

(UTOS)LLC, 34932-34933 03-14614 Enbridge Pipelines (AlaTenn) L.L.C., 34933-34934 03-14617 Enbridge Pipelines (KPC), 34933 03-14615 Enbridge Pipelines (Midla) L.L.C., 34933 03-14616 Maritimes & Northeast Pipeline, L.L.C., 34934 03-14750 Natural Gas Pipeline Co. of America, 34934 03-14774 Northern Border Pipeline Co., 34934-34935 03-14758 03-14767 Northwest Natural Gas Co., 34935 03-14610 PG&E Gas Transmission, Northwest Corp., 34935-34936 03-14618 03-14775 Questar Southern Trails Pipeline Co., 34936 03-14770 Saltville Gas Storage Company, L.L.C., 34936 03-14608 Tennessee Gas Pipeline Co., 34937 03-14769 Texas Gas Transmission, LLC, 34937 03-14759 Toca Producers, 34937-34938 03-14761 Transwestern Pipeline Co., 34938 03-14760 Wyoming Interstate Co., Ltd., 34938 03-14766 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 34970 03-14805 Complaints filed: Monarch Shipping Agency, LLC, et al., 34970 03-14804 Investigations, hearings, petitions, etc.: Royal Caribbean Cruises Ltd. et al., 34970-34971 03-14806 Ocean transportation intermediary license: Eggi's Express Shipping et al., 34971 03-14809 Ocean transportation intermediary licenses: Aero Expediting, Inc., et al., 34971-34972 03-14807 Jagremar Marine, Inc., et al., 34972 03-14808 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Household goods transportation; consumer protection regulations, 35063-35113 03-14439 NOTICES Motor carrier safety standards: Driver qualifications— Becotte, Richard, et al.; vision requirement exemptions denied, 35050-35051 03-14696 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 34998 03-14664 Endangered and threatened species: Incidental take permits— Gila and Maricopa Counties, AZ; southwestern willow flycatcher, etc., 34999-35000 03-14677 Endangered and threatened species and marine mammal permit applications, 34998-34999 03-14711 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Carprofen, 34796 03-14544 Tepoxalin, 34795-34796 03-14678 Biological products: Accelerated approval; technical amendment, 34796-34797 03-14621 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34979-34980 03-14622 03-14623 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Brimonidine tartrate ophthalmic solution 0.2%, 34980-34981 03-14680 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 34899-34900 03-14692 Food Food Safety and Inspection Service NOTICES Meetings: Meat and Poultry Inspection National Advisory Committee, 34900-34901 03-14724 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Revenue-producing visitor services in conservation system units within national forests of Alaska; procedures establishment, 35115-35124 03-14630 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34901-34902 03-14627 Environmental statements; notice of intent: Medicine Bow-Routt National Forests and Thunder Basin National Grassland, WY, 34902-34903 03-14672 Meetings: Resource Advisory Committees— Lake County, 34903-34904 03-14783 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Meetings: Minority Health Advisory Committee, 34972 03-14626 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Chiropractor and Pharmacist Loan Repayment Demonstration Project, 34981-34982 03-14681 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration NOTICES Committees; establishment, renewal, termination, etc.; Human Resource Management System Senior Review Advisory Committee, 34994-34995 03-14781 Indian Indian Health Service NOTICES Grant and cooperative agreement awards: Porcupine Clinic, 34982 03-14688 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 34982-34986 03-14634 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes, etc.: Automatic time extension to file certain information returns and exempt organization returns, 34797-34799 03-14603 PROPOSED RULES Income taxes: Stock dispositions; suspension of losses— Hearing cancellation, 34874 03-14785 Income taxes, etc.: Automatic time extension to file certain information returns and exempt organization returns; cross-reference, 34875-34877 03-14604 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-14786 35059-35062 03-14787 03-14790 International International Trade Administration NOTICES Antidumping: Potassium permanganate from— China, 34907 03-14780 *Applications, hearings, determinations, etc.:* University of— California, Berkeley, 34907-34908 03-14778 California, San Diego, 34908 03-14779 Missouri, Kansas City, 34907 03-14777 International International Trade Commission NOTICES Import investigations: Colored synthetic organic oleoresinous pigment dispersions from— India, 35003-35004 03-14793 Milk protein products in U.S. market; competition conditions, 35004-35005 03-14792 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Utah, 35000 03-14734 Meetings: Resource Advisory Councils— Front Range, 35000-35001 03-14665 Superfund; response and remedial actions, proposed settlements, etc.: Dinero Complex Site, Leadville, CO, 35001 03-14625 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Designated Federal Entities and Federal Entities; list, 35015-35016 03-14738 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Defect and noncompliance— Early warning and customer satisfaction campaign documentation; reporting requirements, 35131-35148 03-14702 03-14703 Occupant crash protection— Smart air bags, vehicles without; warning labels, manual cutoff switches, etc.; reduction of dangerous impacts on children; correction, 34838-34842 03-14694 NIH National Institutes of Health NOTICES Meetings: Advisory Committee to Director, 34986-34987 03-14656 National Cancer Institute, 34987 03-14651 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 34988-34992 03-14654 03-14729 03-14730 03-14732 03-14733 National Institute of Child Health and Human Development, 34987 03-14649 National Institute of Dental and Craniofacial Research, 34991 03-14731 National Institute of Diabetes and Digestive and Kidney Diseases, 34990 03-14661 National Institute of Environmental Health Sciences, 34988 03-14652 03-14653 National Institute of Neurological Disorders and Stroke, 34989 03-14659 National Institute of Nursing Research, 34987 03-14648 National Institute on Aging, 34989-34990 03-14660 National Institute on Alcohol Abuse and Alcoholism, 34987-34988 03-14650 National Institute on Deafness and Other Communication Disorders, 34989 03-14658 Scientific Review Center, 03-14655 03-14657 34992-34994 03-14662 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Ocean and coastal resource management: Coastal Zone Management Act; Federal consistency process, 34851-34874 03-14663 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34908 03-14796 National Park National Park Service NOTICES Environmental statements; availability, etc.: Big Bend National Park, TX, 35001-35002 03-14637 Environmental statements; notice of intent: Big Bend National Park, TX, 35002 03-14638 Realty actions; sales, leases, etc.: Alaska, 35003 03-14636 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Linguagen Corp., 35012 03-14682 Virginia Electric & Power Co., 35013-35014 03-14683 Regulatory guides; issuance, availability, and withdrawal, 35014 03-14684 03-14685 Reports and guidance documents; availability, etc.: Backfit guidance; fuel cycle facilities, 35014-35015 03-14686 Office Office of Management and Budget See Management and Budget Office Postal Postal Service RULES Domestic Mail Manual: Delivery and signature confirmation services with first-class mail and package services parcels, 34805-34808 03-14631 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Flag Day and National Flag Week (Proc. 7684), 34775-34776 03-14907 Research Research and Special Programs Administration PROPOSED RULES Hazardous materials: Hazard communication requirements changes; labels and placards specifications for materials poisonous by inhalation; revisions, 34880-34897 03-14583 NOTICES Pipeline safety; waiver petitions: Duke Energy Gas Transmission Co., 35051-35052 03-14695 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 34904 03-14720 Environmental statements; availability, etc.: Lawrence County Generation Plant, IN, 34904-34905 03-14721 SEC Securities and Exchange Commission NOTICES Public Company Accounting Oversight Board: Public accounting firms; registration system, 35016-35030 03-14715 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 35030-35035 03-14641 03-14646 Chicago Board Options Exchange, Inc., 35035-35037 03-14643 Depository Trust Co., 35037-35043 03-14642 National Association of Securities Dealers, Inc., 35043-35044 03-14645 New York Stock Exchange, Inc., 35045-35049 03-14712 03-14713 03-14714 Philadelphia Stock Exchange, Inc., 35049-35050 03-14644 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Yolo Shortline Railroad Co., 35052 03-14728 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Security Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34997-34998 03-14803 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service MISSING FOR: United States Institute of Peace United States Institute of Peace NOTICES Meetings; Sunshine Act, 35062 03-14900 Separate Parts In This Issue Part II Transportation Department, Federal Motor Carrier Safety Administration, 35063-35113 03-14439 Part III Agriculture Department, Forest Service, 35115-35124 03-14630 Part IV Education Department, 35125-35129 03-14716 Part V Transportation Department, National Highway Traffic Safety Administration, 35131-35148 03-14702 03-14703 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 112 Wednesday, June 11, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 723 Commodity Credit Corporation 7 CFR Part 1464 RIN 0560-AG60 2002 Marketing Quota and Price Support for Flue-Cured Tobacco AGENCIES: Farm Service Agency and Commodity Credit Corporation, USDA. ACTION: Final rule. SUMMARY: The purpose of this final rule is to codify determinations made by the Secretary of Agriculture (Secretary) for the 2002 crop of flue-cured tobacco. In accordance with the Agricultural Adjustment Act of 1938, as amended, (1938 Act), the Secretary determined the 2002 marketing quota for flue-cured tobacco to be 582.0 million pounds. In accordance with the Agricultural Act of 1949, as amended, (1949 Act), the Secretary determined the 2002 price support level to be 165.4 cents per pound. This rule will also codify the 2000 and 2001 marketing quotas and price support levels. The intended effect of this rule is to codify the announced quota levels as required. EFFECTIVE DATE: December 15, 2001. FOR FURTHER INFORMATION CONTACT: Robert L. Tarczy, Tobacco and Peanuts Division, USDA, FSA, STOP 0514, 1400 Independence Avenue, SW., Washington, DC 20250-0514, telephone 202-720-5346. Copies of the cost-benefit assessment prepared for this rule can be obtained from Mr. Tarczy. SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule is issued in conformance with Executive Order 12866 and has been determined to be significant and was reviewed by OMB. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this final rule since neither the Commodity Credit Corporation

(CCC)nor the Farm Service Agency

(FSA)are required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject matter of this rule. Federal Assistance Programs The title and number of the Federal Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this final rule applies are: Commodity Loans and Purchases—10.051. Environmental Evaluation An environmental evaluation found 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 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). Unfunded Mandates This rule contains no unfunded mandates and, thus, is not subject to the provisions of title II of the Unfunded Mandates Reform Act of 1995. Paperwork Reduction Act These amendments do not contain information collections that require clearance by the Office of Management and Budget under the provisions of 44 U.S.C. chapter 35. Rulemaking This rule is issued pursuant to the 1938 Act and the 1949 Act. Section 1108(c) of Pub. L. 99-972 provides that the determinations made in this rule are not subject to the provisions for public participation in rulemaking in 5 U.S.C. 553 or in any directive of the Secretary. Further, this rule affirms existing decisions which were time-sensitive. Hence, a delay in the implementation of the matters affirmed in this notice would have been impracticable, unnecessary, and counter to the public interest. Thus, the matters affirmed in this notice were made effective at the time that they were announced by press release. On December 15, 2001, the Secretary announced the national marketing quota and the price support level for the 2002 crop of flue-cured tobacco. A number of related determinations were made at the same time, which this final rule affirms. In addition this rule affirms similar determinations made with respect to the 2000 and 2001 crops of flue-cured tobacco. Marketing Quota Section 317(a)(1)(B) of the 1938 Act provides, in part, that the national marketing quota for a marketing year for flue-cured tobacco is the quantity of such tobacco that is not more than 103 percent nor less than 97 percent of the total of:

(1)the amount of flue-cured tobacco that domestic manufacturers of cigarettes estimate they intend to purchase on United States auction markets or from producers,

(2)the average quantity exported annually from the U.S. during the 3 marketing years immediately preceding the marketing year for which the determination is being made, and

(3)the quantity, if any, that the Secretary, in the Secretary's discretion, determines necessary to adjust loan stocks to the reserve stock level. The reserve stock level is defined in section 301(b)(14)(C) of the 1938 Act as the greater of 100 million pounds or 15 percent of the national marketing quota for flue-cured tobacco for the marketing year immediately preceding the marketing year for which the level is being determined. Section 320A of the 1938 Act provides that all domestic manufacturers of cigarettes with more than 1 percent of U.S. cigarette production and sales shall submit to the Secretary a statement of purchase intentions for the 2002 crop of flue-cured tobacco by December 1, 2002. Five such manufacturers were required to submit such a statement for the 2002 crop and the total of their intended purchases for the 2002 crop is 310.0 million pounds. The 3-year average of exports is 249.9 million pounds. The national marketing quota for the 2001 crop year was 548.9 million pounds. In accordance with section 301(b)(14)(C) of the 1938 Act the reserve stock level is the greater of 15 percent of the previous year's quota (548.9 million pounds x .15 = 82.3 million pounds) or 100.0 million pounds. Thus, the reserve stock level for use in determining the 2002 marketing quota for flue-cured tobacco is 100.0 million pounds. Pre-1997 loan crops have been sold. Further, manufacturers agreed in December of 1998, 1999, and 2000 to purchase an additional 210.0 million pounds, thereby reducing loan inventory to 46.9 million pounds. In addition, the Agricultural Rural Development, Food and Drug Administration and Related Agencies Appropriations Act of 2001 (Public Law 106-387), as amended, allowed the forfeiture of 1999 loan inventories. Loans from the 2001 crop total 121 million pounds, making total loan stocks 77.9 million pounds. Accordingly, the adjustment to maintain loan stocks at the reserve supply level is an increase of 22.1 million pounds. The total of the three marketing quota components for the 2001-2002 Marketing Year

(MY)is 582 million pounds. Accordingly, the national marketing quota for the MY beginning July 1, 2002, for flue-cured tobacco is 582 million pounds. Section 317(a)(2) of the 1938 Act provides that the national average yield goal be set at a level that the Secretary determines will improve or ensure the usability of the tobacco and increase the net return per pound to the producers. Since average yields have not changed significantly in recent years, the national average yield goal for the 2002 MY will be 2,088 pounds per acre, the same as last year's level. In accordance with section 317(a)(3) of the 1938 Act, the national acreage allotment for the 2002 crop of flue-cured tobacco is determined to be 278,735.63 acres, derived from dividing the national marketing quota by the national average yield goal. In accordance with section 317(e) of the 1938 Act, the Secretary is authorized to establish a national reserve from the national acreage allotment in an amount equivalent to not more than 3 percent of the national acreage allotment for the purpose of making corrections in farm acreage allotments, adjusting for inequities, and for establishing allotments for new farms. The Secretary has determined that a national reserve for the 2002 crop of flue-cured tobacco of 733 acres is adequate for these purposes. In accordance with section 317(a)(4) of the 1938 Act, the national acreage factor for the 2002 crop of flue-cured tobacco for uniformly adjusting the acreage allotment of each farm is determined to be 1.06, which is the result of dividing the 2002 national allotment (278,735.63 acres) minus the national reserve (733 acres) by the total of allotments established for flue-cured tobacco farms in 2001 (262,265.98 acres). In accordance with section 317(a)(7) of the 1938 Act, the national yield factor for the 2002 crop of flue-cured tobacco is determined to be 0.9251, which is the result of dividing the national average yield goal (2,088 pounds) by a weighted national average yield (2,257 pounds). Price Support Price support is required to be made available for each crop of a kind of tobacco for which quotas are in effect, or for which marketing quotas have not been disapproved by producers, at a level determined in accordance with a formula prescribed in section 106 of the 1949 Act. With respect to the 2002 crop of flue-cured tobacco, the level of support is determined in accordance with sections 106(d) and

(f)of the 1949 Act. Section 106(f)(7)(A) of the 1949 Act provides that the level of support for the 2002 crop of flue-cured tobacco shall be:

(1)The level, in cents per pound, at which the 2001 crop of flue-cured tobacco was supported, plus or minus, respectively,

(2)An adjustment of not less than 65 percent nor more than 100 percent of the total, as determined by the Secretary after taking into consideration the supply of the kind of tobacco involved in relation to demand, of:

(A)66.7 percent of the amount by which:

(I)The average price received by producers for flue-cured tobacco on the U.S. auction markets, as determined by the Secretary, during the 5 MY's immediately preceding the MY for which the determination is being made, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, is greater or less than:

(II)The average price received by producers for flue-cured tobacco on the U.S. auction markets, as determined by the Secretary, during the 5 MY's immediately preceding the MY prior to the MY for which the determination is being made, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period; and

(B)33.3 percent of the change, expressed as a cost per pound of tobacco, in the index of prices paid by the tobacco producers from January 1 to December 31 of the calendar year immediately preceding the year for which the determination is made. The difference between the two 5-year averages ( *i.e.* , the difference between (A)(I) and (A)(II)) is 0.10 cent per pound. The difference in the cost index from January 1, 2001, to December 31, 2001, is −1.7 cents per pound. Applying these components to the price support formula (0.0 cent per pound, two-thirds weight; −1.7 cents per pound, one-third weight) results in a weighted total of −0.6 cent per pound. As indicated, section 106 of the 1949 Act provides that the Secretary may, on the basis of supply and demand conditions, limit the change in the price support level to no less than 65 percent of that amount. As there was no justifiable basis found for limiting the decrease (which reflected a change in production costs), and in order to aid in the marketing of the crop, that discretion was not utilized. Accordingly, the 2002 crop of flue-cured tobacco will be supported at 165.4 cents per pound, 0.6 cent lower than the 2001 crop. The 2000 and 2001 quotas and price support were determined using the same methodology as described for the 2002 quota and price support. With respect to the marketing quota determinations, for the 2000 crop the purchase intentions, exports (three year average), reserve stock average, and final quota (103% of the total) were 286.0, 334.1, (−92.9), and 543.0 and for 2001 were 297.0, 297.7, (−61.8), and 548.9. The adjustment up to 103% was made, as allowed by statute, to lessen the impact on producers of the declining quotas. Following the time of the determinations for the 2002 crops, the Congress, in Pub. L. 107-71, adjusted the reserve stock level for flue-cured tobacco, doing so in section 1610 of that Act. That change will impact future crops. With respect to price support the price indices used in the price support level determination, the changes (in cents) in prices received and in prices paid per pound were for the 2000 crop determination, 0.4 and 1.5 and for the 2001-crop calculation (−0.2) and 6.5. In order to aid the marketing of the 2000 and 2001 crops, the Secretary used the discretion allowed by the authorizing statute to limit the price support increase to 65% of the increase that would have otherwise been produced by the formula. Copies and other supporting documents are available from Mr. Robert L. Tarczy, USDA, Farm Service Agency, Stop 0514,1400 Independence Avenue, SW., Washington, DC 20250-0514, telephone 202-720-5346. List of Subjects 7 CFR Part 723 Acreage allotments, Marketing quotas, Penalties, Reporting and recordkeeping requirements, Tobacco. 7 CFR Part 1464 Loan programs-agriculture, Price support programs, Tobacco, Reporting and recordkeeping requirements, Warehouses. Accordingly, 7 CFR parts 723 and 1464 are amended as follows: PART 723—TOBACCO 1. The authority citation for 7 CFR part 723 continues to read as follows: Authority: 7 U.S.C., 1301-1314, 1314-1, 1314b, 1314b-1, 1314b-2, 1314c, 1314d, 1314e, 1314f, 1314i, 1315, 1316, 1362, 1363, 1372-75, 1377-1379, 1421, 1445-1, and 1445-2. 2. Section 723.111 is amended by adding paragraphs

(h)through

(j)to read as follows: § 723.111 Flue-cured (types 11-14) tobacco.

(h)The 2000 crop national marketing quota is 543.0 million pounds.

(i)The 2001 crop national marketing quota is 548.9 million pounds.

(j)The 2002 crop national marketing quota is 582.0 millions pounds. PART 1464—TOBACCO 3. The authority citation for 7 CFR part 1464 continues to read as follows: Authority: 7 U.S.C. 1421, 1423, 1441, 1445, and 1445-1, 15 U.S.C. 714b and 714c; Pub. L. 106-78, Pub. L. 106-113, Stat.1135 and Pub. L. 106-224. 4. Section 1464.12 is amended by adding paragraphs

(h)though

(j)to read as follows: § 1464.12 Flue-cured (types 11-14) tobacco.

(h)The 2000 crop national price support level is 164.0 cents per pound.

(i)The 2001 crop national price support level is 166.0 cents per pound.

(j)The 2002 crop national price support level is 165.4 cents per pound. Signed in Washington, DC, on June 3, 2003. James R. Little, Administrator, Farm Service Agency, Executive Vice President, Commodity Credit Corporation. [FR Doc. 03-14624 Filed 6-10-03; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

9 references not yet in our index