§ 1463.106 Base quota levels for eligible tobacco producers.

(a) BQL is determined separately, for each of the years 2002, 2003 and 2004, for each kind of tobacco and for each farm for which a 2002 farm marketing quota had been established under part 723 of this title. (b) The BQL for producers of burley tobacco is established as follows: (1) The 2002-crop year BQL for burley producers is the 2002 effective quota pounds actually marketed, adjusted for disaster lease and transfer, and considered-planted undermarketings and overmarketings. The BQL is then multiplied by the producer's share in the 2002 crop to determine the producer's 2002 BQL. The adjustments for disaster lease and transfer and considered-planted undermarketings and overmarketings are made as follows: (i) Disaster-leased pounds are added to the marketings of the transferring farm and deducted from the marketings of the receiving farm; (ii) Considered-planted pounds are added to the farm's actual marketings, and includes only undermarketings that were not part of the farm's 2003 effective quota. (iii) Pounds actually marketed as overmarketings and sold penalty-free are added to the farm BQL after the BQL adjustment factor of 1.12486 has been applied to the overmarketed pounds. (2) The 2003-crop year BQL for burley producers is the 2003 effective quota pounds actually marketed, adjusted for disaster lease and transfer and considered-planted undermarketings and overmarketings, as follows: (i) Disaster leases are added to the marketings of the transferring farm and deducted from the marketings of receiving farm. (ii) Considered-planted pounds are added to the farm's actual marketings, and includes only undermarketings that were not part of the farm's 2004 effective quota. (iii) Pounds actually marketed as overmarketings and sold penalty-free are added to the farm BQL after the BQL adjustment factor of 1.071295 has been applied to the overmarketed pounds. (iv) After these adjustments the BQL is calculated as follows: (3) The 2004-crop year BQL for burley producers is the 2004 effective quota before disaster lease and transfer is calculated as follows: (c) The BQL for producers of flue-cured tobacco is established by year, as follows: (1) The 2002-crop year BQL for flue-cured producers is the effective 2002 quota actually marketed, adjusted for disaster lease and transfer and considered-planted undermarketings and overmarketings. The BQL is then multiplied by the producer's share in the 2002 crop to determine the producer's 2002 BQL. Adjustments for disaster lease and transfer and considered-planted undermarketings and overmarketings are calculated as follows: (i) Disaster-leased pounds are added to the marketings of the transferring farm and deducted from the marketings of the receiving farm; (ii) Considered-planted pounds are added to the farm's actual marketings, and include only undermarketings that were not part of the farm's 2003 effective quota. (iii) Pounds actually marketed as overmarketings and sold penalty-free are added to the farm BQL after the BQL adjustment factor of 1.10497 has been applied to the overmarketed pounds. (2) The 2003-crop year BQL for flue-cured producers is the 2003 effective quota actually marketed, adjusted for disaster lease and transfer and considered-planted undermarketings and overmarketings, as follows: (i) Disaster leases are added to the marketings of the transferring farm and deducted from the marketings of the receiving farm. (ii) Considered-planted pounds are added to the farm's actual marketings, and includes only undermarketings that were in not part of the farm's 2004 effective quota. (iii) Pounds actually marketed as overmarketings and sold penalty-free are added to the farm BQL after the BQL adjustment factor of 1.23457 has been applied to the overmarketed pounds. (iv) After these adjustments the BQL is calculated as follows: (3) The 2004-crop year BQL for flue-cured producers is the 2004 effective quota before disaster lease and transfer. The 2004 BQL is calculated as follows: (d) The BQL for producers of cigar filler and binder tobacco is established by years, as follows: (1) The 2002-crop year BQL for cigar filler and binder tobaccos is calculated as follows: (2) The 2003-crop year BQL for cigar filler and binder tobaccos is calculated as follows: (3) The 2004-crop year BQL for cigar-filler and binder tobaccos is calculated as follows: (e) The BQL's for producers of all kinds of tobacco other than burley, flue-cured and cigar filler and binder, are established by year, as follows. (1) The 2002-crop year BQL's for these kinds of tobaccos are calculated as follows: (2) The 2003-crop year BQL's for these kinds of tobaccos are calculated as follows: (3) The 2004-crop year BQL's for these kinds of tobaccos are calculated as follows: