Tobacco Transition Payment Program; Availability of Current Assessment Methods Determination Document, 71934-71935 [2011-30032]

Download as PDF 71934 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices reasonable accommodations to participate in this meeting, please note the request in your registration. All reasonable accommodation requests are managed on a case by case basis. Dated: November 16, 2011. Catherine E. Woteki, Under Secretary, Research, Education and Economics. [FR Doc. 2011–30027 Filed 11–18–11; 8:45 am] BILLING CODE 3410–03–P DEPARTMENT OF AGRICULTURE Farm Service Agency Information Collection; Direct Loan Servicing—Special Farm Service Agency, USDA. Notice; request for comments. AGENCY: ACTION: In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is seeking comments from all interested individuals and organizations on a revision of a currently approved information collection that supports Direct Loan Servicing-Special programs. The information is used in eligibility and feasibility determinations on borrower requests for disaster set-aside, primary loan servicing, buyout at market value, and homestead protection, as well as liquidation of security. DATES: We will consider comments that we receive by January 20, 2012. ADDRESSES: We invite you to submit comments on this notice. In your comments, include the date, volume, and page number of this issue of the Federal Register, the OMB control number and the title of the information collection. You may submit comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: J. Lee Nault, Loan Specialist, USDA/FSA/FLP, STOP 0523, 1400 Independence Avenue SW., Washington, DC 20250–0520. • Email: lee.nault@wdc.usda.gov. • Fax: (202) 690–0949. You may also send comments to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Copies of the information collection may be requested by contacting J. Lee Nault at the above address. FOR FURTHER INFORMATION CONTACT: J. Lee Nault, Loan Specialist, Farm Service Agency, (202) 720–6834. emcdonald on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:00 Nov 18, 2011 Jkt 226001 SUPPLEMENTARY INFORMATION: Title: (7 CFR part 766) Farm Loan Programs—Direct Loan ServicingSpecial. OMB Number: 0560–0233. Expiration Date: 01/31/2014. Type of Request: Revision. Abstract: FSA is revising a currently approved information collection to add two new forms which would allow certain borrowers to: (1) Request a new notification of loan servicing options available; and (2) complete a new loan servicing application. FSA’s Farm Loan Programs provide loans to family farmers to purchase real estate and equipment and finance agricultural production. Direct Loan Servicing—Special, as specified in 7 CFR part 766, provides the requirements for servicing financially distressed and delinquent direct loan borrowers. FSA’s loan servicing options include disaster set-aside, primary loan servicing (including reamortization, rescheduling, deferral, write down and conservation contracts), buyout at market value, and homestead protection. FSA also services borrowers who file bankruptcy or liquidate security when servicing options are not available or are insufficient to produce a feasible plan. The information collections contained in the regulation are necessary to evaluate a borrower’s request for consideration of the special servicing actions. Respondents: Individuals or households, businesses or other for profit farms. Estimated Annual Number of Respondents: 14,929. Estimated Number of Reponses per Respondent: 1. Total Annual Responses: 27,905. Estimated Total Annual Burden Hours: 15,832. We are requesting comments on all aspects of this information collection and to help us to: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the FSA, including whether the information will have practical utility; (2) Evaluate the accuracy of the FSA’s estimate of burden including the validity of the methodology and assumptions used; (3) Enhance the quality, utility and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission for Office of Management and Budget approval. Signed on: November 15, 2011. Bruce Nelson, Administrator, Farm Service Agency. [FR Doc. 2011–30031 Filed 11–18–11; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF AGRICULTURE Farm Service Agency Tobacco Transition Payment Program; Availability of Current Assessment Methods Determination Document Commodity Credit Corporation and Farm Service Agency, USDA. ACTION: Notice of availability of determinations. AGENCY: The Commodity Credit Corporation (CCC) is making available a document regarding two consolidated determinations with respect to the current methods used to calculate manufacturer and importer assessments that fund the Tobacco Transition Payment Program (TTPP). It is in response to challenges raised in two lawsuits—Prime Time International Co. v. Vilsack et al. and Philip Morris USA Inc. v. Vilsack et al.—involving the terms and construction of the Fair and Equitable Tobacco Reform Act of 2004 (FETRA). Both matters involve the question of what is a ‘‘share of gross domestic volume’’ within the meaning of FETRA and the question of what is to be done with those ‘‘shares’’ in calculating program liabilities. Because the outcomes of these two lawsuits have the potential to affect not only the plaintiffs, but also all other importers and manufacturers, public availability of a USDA determination is warranted. FOR FURTHER INFORMATION CONTACT: Jane Reed, phone: (202) 720–6782; mail: Farm Service Agency, USDA, ATTN: Jane Reed, U.S. Department of Agriculture, Farm Service Agency, Economic and Policy Analysis Staff, Mail stop 0515, 1400 Independence Ave. SW., Washington DC 20250–0515; email: jane.reed@wdc.usda.gov; fax: (202) 720–8120. Persons with disabilities who require alternative means for communication information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). SUPPLEMENTARY INFORMATION: FETRA (7 U.S.C. 518–519a), which was contained SUMMARY: E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices emcdonald on DSK5VPTVN1PROD with NOTICES in the American Jobs Creation Act of 2004 (Pub. L. 108–357) authorized the TTPP following the termination of the longstanding tobacco price support program. The 10-year TTPP (operating from fiscal year (FY) 2005 through FY 2014) makes annual payments of about $1 billion to those who held tobacco quotas and produced tobacco at the time FETRA established TTPP. These payments are funded via assessments that are collected from domestic tobacco manufacturers and importers. USDA uses a two-step process for calculating these assessments for each manufacturer and importer. First, the total amount of assessment liability is divided among six classes of tobacco products (cigarettes, cigars, snuff, rollyour-own, chewing, and pipe). Second, liability is further divided among the individual manufacturers and importers based on each company’s market share within each class. For both steps, a party’s or class’ ‘‘share’’ of ‘‘gross domestic volume’’—that volume being defined in FETRA as the totality of those products of all categories removed into domestic commerce and not exempt from Federal excise tax—is a key element. How these terms are interpreted, and what a party’s or class’ ‘‘share’’ is of that ‘‘gross domestic volume’’ within the meaning of FETRA are key elements in both disputes. USDA believes, after considering the matter, that the continued use of current procedure to calculate manufacturer and importer assessments is warranted. A detailed explanation of the issues and USDA’s rationale is available in the USDA determination at https://www.fsa. usda.gov/FSA/webapp?area=home& subject=ecpa&topic=fta-ta. The determination addresses the rulemaking matter covered in a Federal Register document published March 22, 2011 (76 FR 15859–15864) with respect to the ‘‘Step B’’ calculations. The determination also addresses an administrative petition regarding ‘‘Step A.’’ These terms and the nature of the disputes are described in detail in the document available at the link noted above. Signed on November 16, 2011. Bruce Nelson, Administrator, Farm Service Agency. [FR Doc. 2011–30032 Filed 11–18–11; 8:45 am] BILLING CODE 3410–05–P VerDate Mar<15>2010 16:00 Nov 18, 2011 Jkt 226001 DEPARTMENT OF AGRICULTURE Forest Service Humboldt-Toiyabe National Forest, Carson Ranger District, Nevada and California, Bordertown to California 120 kV Transmission Line Forest Service, USDA. Notice of intent to prepare an Environmental Impact Statement (EIS). AGENCY: ACTION: The Forest Service will prepare an EIS to determine and analyze the effects of the proposed Bordertown 120 kilovolt (kV) Transmission Line project on people and the environment. The project would consist of the construction and operation of approximately 10 miles of new 120 kV overhead transmission line between NV Energy’s existing Bordertown and California Substations. To accommodate the new transmission line, the project would also include improvements to both substations. The majority of the route would cross National Forest System land managed by the Forest Service, with shorter segments crossing private land and public land managed by the Bureau of Land Management (BLM). SUMMARY: Comments concerning the scope of the analysis must be received by 71 days from date of publication in the Federal Register. The draft environmental impact statement is expected April 2013 and the final environmental impact statement is expected December 2013. ADDRESSES: Written comments or resource information can be submitted by any of the following methods: • Email comments to: commentsintermtn-humboldt-toiyabe@fs.fed.us. • U.S. Mail address: HumboldtToiyabe National Forest, Bordertown to California 120 kV Transmission Line, 1200 Franklin Way, Sparks NV 89431. • Hand delivery: 1200 Franklin Way, Sparks, NV 89431, Monday–Friday, 8 a.m.–4:30 p.m., excluding Federal holidays. • Fax comments to: (775) 355–5399, please include a cover sheet and include ‘‘Bordertown to California 120 kV Transmission Line’’ in the subject line. FOR FURTHER INFORMATION CONTACT: For further information and/or to have your name added to our mailing list, please contact Marnie Bonesteel, HumboldtToiyabe National Forest, (775) 352– 1240, mbonesteel@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–(800) 877–8339 between 8 a.m. and 8 DATES: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 71935 p.m. Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: Purpose and Need for Action The purpose of the project is to provide reliable bulk transmission capacity to west Reno consistent with NERC Standard TPL–003–0. Load growth in the Reno area, particularly on the west side, has created bulk electrical transmission problems. Almost all of the power generation in the Reno 120 kV system is on the east side of Reno. The North Valley Road 345/120 kV Substation in north central Reno is currently used to move power through a network of 120 kV lines to the west side. During periods of heavy load, loss of one line in the network could overload the remaining lines, causing a failure that could result in outages in west Reno. Proposed Action The Forest Service proposes to authorize construction and operation of approximately 10 miles of new 120 kV overhead transmission line between NV Energy’s Bordertown and California Substations (Stateline alignment). To accommodate the new transmission line, the project would also include improvements to both substations. Improvements include the installation of a 345/120 kV transformer and a 120 kV line terminal at Bordertown Substation and rearrangment of existing 120 kV terminals at California Substation. The majority of the route (approximately 7 miles) would cross National Forest System land, with shorter segments crossing private land (approximately 2.5 miles) and public land managed by BLM (approxomately 0.50 mile). Alternatives The Forest Service will evaluate a No Action Alternative, under which the Forest Service would not authorize a special use permit for construction of a transmission line. In addition, three alternative transmission alignments that would connect the Bordertown and California substations are being considered (Mitchell, Peavine and Poeville). The Mitchell alignment crosses an area previously disturbed by wildland fire and uses existing transmission corridors. The Peavine alignment crosses through big sagebrush vegetation and is the most visually sensitive alignment for approximately 0.50 mile of the route. The Poeville alignment takes advantage of routing within existing transmission line corridors and reduces the total miles crossing National Forest System land. E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 71934-71935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30032]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency


Tobacco Transition Payment Program; Availability of Current 
Assessment Methods Determination Document

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

ACTION: Notice of availability of determinations.

-----------------------------------------------------------------------

SUMMARY: The Commodity Credit Corporation (CCC) is making available a 
document regarding two consolidated determinations with respect to the 
current methods used to calculate manufacturer and importer assessments 
that fund the Tobacco Transition Payment Program (TTPP). It is in 
response to challenges raised in two lawsuits--Prime Time International 
Co. v. Vilsack et al. and Philip Morris USA Inc. v. Vilsack et al.--
involving the terms and construction of the Fair and Equitable Tobacco 
Reform Act of 2004 (FETRA). Both matters involve the question of what 
is a ``share of gross domestic volume'' within the meaning of FETRA and 
the question of what is to be done with those ``shares'' in calculating 
program liabilities. Because the outcomes of these two lawsuits have 
the potential to affect not only the plaintiffs, but also all other 
importers and manufacturers, public availability of a USDA 
determination is warranted.

FOR FURTHER INFORMATION CONTACT: Jane Reed, phone: (202) 720-6782; 
mail: Farm Service Agency, USDA, ATTN: Jane Reed, U.S. Department of 
Agriculture, Farm Service Agency, Economic and Policy Analysis Staff, 
Mail stop 0515, 1400 Independence Ave. SW., Washington DC 20250-0515; 
email: jane.reed@wdc.usda.gov; fax: (202) 720-8120. Persons with 
disabilities who require alternative means for communication 
information (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: FETRA (7 U.S.C. 518-519a), which was 
contained

[[Page 71935]]

in the American Jobs Creation Act of 2004 (Pub. L. 108-357) authorized 
the TTPP following the termination of the longstanding tobacco price 
support program. The 10-year TTPP (operating from fiscal year (FY) 2005 
through FY 2014) makes annual payments of about $1 billion to those who 
held tobacco quotas and produced tobacco at the time FETRA established 
TTPP. These payments are funded via assessments that are collected from 
domestic tobacco manufacturers and importers.
    USDA uses a two-step process for calculating these assessments for 
each manufacturer and importer. First, the total amount of assessment 
liability is divided among six classes of tobacco products (cigarettes, 
cigars, snuff, roll-your-own, chewing, and pipe). Second, liability is 
further divided among the individual manufacturers and importers based 
on each company's market share within each class. For both steps, a 
party's or class' ``share'' of ``gross domestic volume''--that volume 
being defined in FETRA as the totality of those products of all 
categories removed into domestic commerce and not exempt from Federal 
excise tax--is a key element. How these terms are interpreted, and what 
a party's or class' ``share'' is of that ``gross domestic volume'' 
within the meaning of FETRA are key elements in both disputes.
    USDA believes, after considering the matter, that the continued use 
of current procedure to calculate manufacturer and importer assessments 
is warranted. A detailed explanation of the issues and USDA's rationale 
is available in the USDA determination at https://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecpa&topic=fta-ta. The determination addresses 
the rulemaking matter covered in a Federal Register document published 
March 22, 2011 (76 FR 15859-15864) with respect to the ``Step B'' 
calculations. The determination also addresses an administrative 
petition regarding ``Step A.'' These terms and the nature of the 
disputes are described in detail in the document available at the link 
noted above.

    Signed on November 16, 2011.
Bruce Nelson,
Administrator, Farm Service Agency.
[FR Doc. 2011-30032 Filed 11-18-11; 8:45 am]
BILLING CODE 3410-05-P
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