99-16168. Production Flexibility Contracts for Wheat, Feed Grains, Rice, and Upland Cotton  

  • [Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
    [Proposed Rules]
    [Pages 34154-34155]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-16168]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Commodity Credit Corporation
    
    7 CFR Part 1412
    
    RIN 0560-AF79
    
    
    Production Flexibility Contracts for Wheat, Feed Grains, Rice, 
    and Upland Cotton
    
    AGENCY: Commodity Credit Corporation, USDA.
    
    ACTION: Advance notice of proposed rulemaking--Additional comments.
    
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    SUMMARY: The Commodity Credit Corporation (CCC) is re-issuing this 
    Advance Notice of Proposed Rulemaking (ANPRM) to invite comment from 
    all interested parties on reductions of Production Flexibility Contract 
    (PFC) payments that were affected by the planting of fruits or 
    vegetables in violation of section 118(b)(1) of the Federal Agriculture 
    Improvement and Reform Act of 1996 (7 U.S.C. 7218(b)(1)). Comment was 
    previously requested by a Notice published on May 5, 1999 (64 FR 24091) 
    for which the comment period closed on June 2, 1999. This notice will 
    allow for an extension of the comment period.
    
    DATES: Comments must be received at the address below by July 23, 1999.
    
    ADDRESSES: Comments should be directed to Sharon Biastock, Farm Service 
    Agency (FSA), STOP 0517, 1400 Independence Avenue, SW., Washington, DC 
    20250.
    
    FOR FURTHER INFORMATION CONTACT: Sharon Biastock, (202) 720-6336.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Federal Agriculture Improvement and Reform Act of 1996 (the 
    1996 Act) provided producers the opportunity to enter into Production 
    Flexibility Contracts (PFC's). The 1996 Act prohibited the planting of 
    fruits and vegetables on PFC acreage except as provided by specific 
    exceptions. Two exceptions require the application of an acre-for-acre 
    payment reduction for each acre of fruit or vegetables planted on PFC 
    acreage. A violation of the PFC occurs when producers do not comply 
    with the fruit and vegetable provisions and the exceptions unless it is 
    determined that the violation is not serious enough to warrant 
    termination of the PFC. The 1996 Act provides that if the Secretary 
    determines that a violation does not warrant termination of the PFC, 
    the Secretary may require the owner or producer subject to the contract 
    to: (1) Refund to the Secretary that part of the contract payments 
    received by the owner or producer during the period of the violation, 
    together with interest on the contract payments as determined by the 
    Secretary; or (2) to accept a reduction in the amount of future 
    contract payments that is proportionate to the severity of the 
    violation, as determined by the Secretary.
        Under current regulations, if the county FSA committee determines 
    that a planting violation does not warrant termination of the PFC, a 
    reduction may be made in the current or future contract payments, 
    proportionate to the severity of the violation and equal to the sum of 
    either or both: (1) The market value of the fruits and vegetables 
    planted on contract acreage, and (2) the contract payment for each 
    contract acre. The market value is determined by the State committee 
    for the specific fruit or vegetable without any adjustment to reflect 
    costs associated with planting, cultivating or harvesting the fruit or 
    vegetable. If the number of acres on the farm planted to fruits or 
    vegetables exceeds the total PFC acreage and more than one fruit or 
    vegetable has been planted on the farm, the calculation is based on the 
    fruit or vegetable determined to have the highest value. If the acreage 
    of fruit or vegetable with the highest value is less than the acres in 
    violation, the calculation for the remaining acres in violation is 
    based on the fruit or vegetable with the next highest value. The 
    payment reduction is applied to current PFC payments and any future PFC 
    payments for the farm on which the violation occurred and any other 
    farm in which the producers who share in PFC payments on the violating 
    farm have an interest.
        For example, if the county committee determines that 25 acres of 
    fruit or vegetables were planted on PFC acreage in violation of the 
    PFC, but the violation did not warrant termination of the PFC, a 
    payment reduction for the planting violation would be assessed in 
    addition to an acre-for-acre reduction for each of the 25 acres. If, on 
    the farm in this example, the producer planted 100 acres of green peas, 
    which the State committee determined had a value of $500 per acre, and 
    one acre of celery, which the State committee determined had a value of 
    $3,000 per acre, the payment reduction for the planting violation in 
    this example would be $15,000 plus a PFC payment reduction for 25 
    acres. The $15,000 payment reduction for the planting violation 
    represents the value of the one acre of celery and 24 acres of green 
    peas, as determined by the State committee. This payment reduction 
    would be applied to the current year PFC payments and any future PFC 
    payments for the farm on which the planting violation occurred and any 
    other farm in which the producers sharing in the PFC payments for the 
    farm on which the planting violation occurred have an interest.
        The payment reductions calculated in accordance with the current 
    implementing regulations and procedure are viewed by some to be out of 
    proportion to the severity of the fruit or vegetable planting 
    violation. Accordingly, as indicated below, the public is invited to 
    comment on PFC violations for planting fruits and vegetables.
    
    Purpose
    
        The purpose of this ANPRM is to seek comments on: (1) The 
    appropriateness of the current method of calculating PFC payment 
    reductions as a result of a fruit or vegetable planting violation as 
    set forth in 7 CFR 1412.401; (2) alternative methods for calculating 
    PFC payment reductions for fruit or vegetable planting violations, if 
    the current method of calculation is considered inappropriate; (3) the 
    retroactivity of any change in the method of calculating payment 
    reductions; and (4) the effect any change in the method of calculating 
    payment reductions should have on PFC's which have been terminated, or 
    for which contract acreage was reduced, because of the current method 
    of calculating
    
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    payment reductions for fruit or vegetable planting violations.
    
        Signed at Washington, DC, on June 17, 1999.
    Keith Kelly,
    Executive Vice President, Commodity Credit Corporation.
    [FR Doc. 99-16168 Filed 6-24-99; 8:45 am]
    BILLING CODE 3410-05-P
    
    
    

Document Information

Published:
06/25/1999
Department:
Commodity Credit Corporation
Entry Type:
Proposed Rule
Action:
Advance notice of proposed rulemaking--Additional comments.
Document Number:
99-16168
Pages:
34154-34155 (2 pages)
RINs:
0560-AF79: Production Flexibility Contracts for Wheat, Feed Grains, Rice, and Upland Cotton
RIN Links:
https://www.federalregister.gov/regulations/0560-AF79/production-flexibility-contracts-for-wheat-feed-grains-rice-and-upland-cotton
PDF File:
99-16168.pdf
CFR: (1)
7 CFR 1412