[Federal Register Volume 60, Number 165 (Friday, August 25, 1995)]
[Rules and Regulations]
[Pages 44255-44259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20782]
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DEPARTMENT OF AGRICULTURE
Consolidated Farm Service Agency
7 CFR Part 718
Commodity Credit Corporation
7 CFR Parts 1413, 1414, 1415, and 1416
RIN 0560-AE29
1995 Wheat, Feed Grains, Upland and Extra Long Staple Cotton, and
Rice Price Support Programs
AGENCIES: Consolidated Farm Service Agency and Commodity Credit
Corporation, USDA.
ACTION: Interim rule.
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SUMMARY: This interim rule sets forth amendments to: delete references
to obsolete provisions; add references relating to current policy; set
forth revisions for the Compliance Program, Acreage Reduction Program,
(ARP), Options Pilot Program (OPP), and Voluntary Production Limitation
Program (VPLP); and improve the operations of these programs for the
1995 through 1997 crop years.
DATES: Interim rule effective August 25, 1995. Comments must be
received on or before September 25, 1995 in order to be assured of
consideration.
ADDRESSES: Submit comments to: Director, Compliance and Production
Adjustment Division, Consolidated Farm Service Agency (CFSA), United
States Department of Agriculture (USDA), PO Box 2415, Washington, DC
20013-2415. Comments may be inspected at USDA, CFSA, 14th and
Independence Avenue, South Agriculture Building, room 3640, Washington,
DC 20013-2415 between 7:30 a.m. and 4:30 p.m., Monday through Friday,
except holidays.
FOR FURTHER INFORMATION CONTACT: Jack Welch, Chief, Production
Adjustment Branch, Cotton, Grain, and Rice Division, CFSA, USDA, PO Box
2415, Washington, DC 20013-2415, telephone 202-720-9884.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
Federal Assistance Programs
The titles and numbers of the Federal Assistance Programs, as found
in the Catalog of Federal Domestic Assistance, to which this interim
rule applies are Cotton Production Stabilization--10.052; Feed Grain
Production Stabilization--10.055; Wheat Production Stabilization--
10.058; and Rice Production Stabilization--10.065.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this interim rule since neither CFSA nor the Commodity
Credit Corporation (CCC) is required by 5 U.S.C. 553 or any other
provision of the law to publish a notice of proposed rulemaking with
respect to the subject matter 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 12778
This interim rule has been reviewed in accordance with Executive
Order 12778. The provisions of this final rule preempt State laws to
the extent such laws are inconsistent with the provisions of this rule.
The provisions of this rule are not retroactive. Before any judicial
action may be brought concerning the provisions of this rule, the
administrative remedies at 7 CFR part 780 must be exhausted.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372, which requires 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).
Paperwork Reduction Act
This interim rule amends the existing information collections as
approved by OMB pursuant to the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.), under OMB control numbers 0560-0004 and 0560-
0092. These revised collections have been submitted to OMB for
clearance.
Background
This interim rule:
(1) Sets forth policy changes for acreage measurement and
tolerance;
(2) Revises the eligibility provisions in the regulations for
enrolling in an ARP to include the requirement for purchasing
catastrophic crop insurance;
(3) Revises the number of States and counties eligible to
participate in the OPP; and
(4) Makes minor editorial changes.
Discussion of Changes
A. 7 CFR part 718, Determination of Acreage and Compliance
Section 718.3 Definitions
This section has been amended to delete the reference to
administrative variance (AV) applying only to marketing quota crops.
Section 718.21 Measurement Services
This section has been amended to provide that when a measurement
service reveals acreage in excess of the permitted acreage plus
available flex acreage with respect to other program crops enrolled in
that crop's production adjustment program for that year, in order to
keep the measurement service guarantee, the producer must: (1) Destroy
the excess acreage and pay for an authorized employee of CFSA to verify
destruction; or (2) pay for measurement service for an authorized
employee of CFSA to verify destruction of an acreage of another crop on
the farm that is enrolled in a production adjustment program equal to
the excess acreage.
Section 718.22 Acreage Reports
This section has been amended to delete the reference that provided
[[Page 44256]]
acreage reports were not required for burley tobacco.
Section 718.40 Tolerance and Variance Rules Applicability
This section has been amended to provide that administrative
variance is applicable to all marketing quota crop acreages. Marketing
quota crop acreages as determined in accordance with this part shall be
deemed in compliance with the effective farm allotment or program
requirement when determined acreage does not exceed the effective farm
allotment by more than an administrative variance determined as
follows:
(1) For all kinds of tobacco subject to marketing quotas, except
dark air-cured and fire-cured the larger of 0.1 acre or 2 percent of
the allotment.
(2) For dark air-cured and fire-cured tobacco, an acreage based on
the effective acreage allotment.
B. 7 CFR Part 1413, Feed Grain, Rice, Upland and Extra Long Staple
Cotton, Wheat, and Related Programs
Section 1413.8 Definitions
This section has been revised to amend the definition of Industrial
and other Crops (IOC's) to add millet.
Section 1413.26 Adjusting Crop Acreage Bases (CAB's)
This section has been revised to provide that an operator or
owner's request for a one-time forfeiture of all or part of a crop's
CAB shall be allowed at any time before the end of the signup period.
The operator or owner shall specify whether the reduction is for the
current or subsequent crop year.
Section 1413.43 Planting Flexibility
This section has been amended to provide that if spring and fall
program crops are double cropped, eligible flex or idle acreage must be
present on the farm during the appropriate fall or spring flex dates
established by the State CFSA committee.
Section 1413.50 Requirements for Program Participation
This section has been revised to provide that to be eligible to
participate in an ARP, a producer must purchase at least the minimum
catastrophic level of crop insurance for each crop of economic
significance grown on each farm in the county in which the producer has
an interest, if such insurance is available in the county for the crop,
in accordance with part 400 of this chapter.
Section 1413.54 Acreage Reduction Program Provisions
This section has been amended, for 1995 only, to allow producers to
plant millet as one of the IOC's permitted on acreage designated as
acreage conservation reserve (ACR) or conserving use (CU) for payment.
Section 1413.61 Eligible Land for ACR and CU for Payment Designation
This section has been revised to provide that the Deputy
Administrator, Farm Programs, may grant an exception to the minimum
size and width requirements to allow producers to designate small areas
of at least .1 (one-tenth) of an acre as ACR or CU for payment if the
farm has been affected by excessive rainfall or flooding and if all
other eligibility requirements are met.
Section 1413.64 Nationally Approved Cover Crops and Practices for ACR
and CU for Payment Acreages
This section has been revised to remove the exclusion of popcorn as
an approved cover crop. Popcorn is an eligible cover crop on ACR and CU
for payment. The section has also been revised to remove the program
year designation for IOC's planted on ACR.
Section 1413.65 Locally Approved Cover Crops and Practices for ACR and
CU for Payment
This section has been amended to change the specified year for the
programs.
C. 7 CFR Part 1414--Integrated Farm Management Program Option
Section 1414.27 Resource-Conserving Crops on ACR
This section has been amended to remove the provision that barley,
oats, and wheat may not be hayed or grazed after the small grain is
harvested from the acreage.
Section 1414.30 Traditionally Underplanted Acreage and Reduction of
Payment Acres
This section has been amended to provide that traditionally
underplanted acreage means 8 through 15 percent, as applicable, of the
producer's permitted acreage for such year.
D. 7 CFR Part 1415, Options Pilot Program
Section 1415.9 Definitions
The definition of ``agreement'' has been revised to delete the
year.
Section 1415.13 Eligibility
This section has been revised to change the program year; to add
another county each in Kansas and North Dakota; to add three counties
for corn and soft red winter wheat in Ohio, and to add three counties
for corn, soybeans, and hard red winter wheat in Nebraska.
Section 1415.15 Agreements
This section has been amended to revise the year for purchasing
target price and loan rate put option contracts.
Section 1415.20 Premium and Incentive Payments
This section has been amended to revise the year in reference to
the acreage reduction program.
E. 7 CFR Part 1416, Voluntary Production Limitation Program
Section 1416.100 Eligible VPLP Counties
This section has been amended to change the effective year for
VPLP.
Section 1416.101 Basic Program Provisions
This section has been amended to:
(i) Revise the reference to the signup period for the ARP for
enrollment into VPLP, and
(ii) Require that producers must purchase at least the minimum
catastrophic level of crop insurance for crops grown in the county in
order to participate in VPLP, according to part 400 of this chapter.
Section 1416.103 Production Evidence for Actual Yields
This section has been amended to provide that producers with an
interest in enrolled crops on more than one farm shall certify the
production from any farm not enrolled in VPLP and may be subject to a
spot check for such certifications.
Section 1416.400 Program Payments and Price Support Loans and Loan
Deficiency Payments
This section has been amended to provide that producers of enrolled
CAB's shall be eligible to earn deficiency payments on the lesser of
the planted acres or the maximum payment acreage of such CAB's
including CAB's planted to an enrolled wheat or feed grain crop
different from the crop to which the CAB is assigned.
List of Subjects
7 CFR part 718
Acreage allotments, Marketing quotas, Reporting and recordkeeping
requirements.
7 CFR parts 1413 and 1414
Acreage allotments, Cotton, Disaster assistance, Feed grains, Price
support
[[Page 44257]]
programs, Reporting and recordkeeping requirements, Rice, Soil
conservation, wheat.
7 CFR part 1415
Options pilot program.
7 CFR Part 1416
Voluntary production limitation program.
Accordingly, chapters VII and XIV of the Code of Federal
Regulations are amended as follows:
PART 718--DETERMINATION OF ACREAGE AND COMPLIANCE
1. The authority citation for 7 CFR part 718 continues to read as
follows:
Authority: 7 U.S.C. 1373 and 1374; 15 U.S.C. 714b and 714c.
2. Section 718.3(b) is amended by revising the definition of
administrative variance to read as follows:
Sec. 718.3 Definitions.
* * * * *
(b) * * *
* * * * *
Administrative variance (AV). The amount by which the determined
acreage may exceed the effective allotment and be considered in
compliance with program regulations.
* * * * *
3. Section 718.21 is amended by revising paragraph (e) to read as
follows:
Sec. 718.21 Measurement Services.
* * * * *
(e) When a measurement service reveals acreage in excess of the
permitted acreage plus available flex acreage with respect to other
program crops enrolled in that crop's production adjustment program for
that year by more than the allowable tolerance, the producer must do
either of the following in order to keep the measurement service
guarantee:
Sec. 718.22 [Amended]
4. Section 718.22 is amended by removing paragraph (d) and
redesignating paragraphs (e), (f), and (g) as paragraphs (d), (e), and
(f).
5. Section 718.40 is amended by removing paragraphs (a)(1), (b)(3),
and (c)(1), redesignating paragraphs (a)(2) as (a)(1), (b)(4) as
(b)(3), respectively, and revising paragraph (c) introductory text,
(c)(1) and (c)(2), introductory text, to read as follows:
Sec. 718.40 Tolerance and variance rules applicability.
(a) * * *
(b) * * *
(c) Administrative variance is applicable to all marketing quota
crop acreages. Marketing quota crop acreages as determined in
accordance with this part shall be deemed in compliance with the
effective farm allotment or program requirement when determined acreage
does not exceed the effective farm allotment by more than an
administrative variance determined as follows:
(1) For all kinds of tobacco subject to marketing quotas, except
dark air-cured and fire-cured the larger of 0.1 acre or 2 percent of
the allotment.
(2) For dark air-cured and fire-cured tobacco, an acreage based on
the effective acreage allotment as provided in the table as follows:
* * * * *
PART 1413--FEED GRAIN, RICE, UPLAND AND EXTRA LONG STAPLE COTTON,
WHEAT AND RELATED PROGRAMS
6. The authority citation for part 1413 continues to read as
follows:
Authority: 7 U.S.C. 1308, 1308a, 1309, 1441-2, 1444-2, 1444f,
1445b-3a, 1461-1469; 15 U.S.C. 714b and 714c.
7. Section 1413.8 is amended by revising the definition of
industrial and other crops to read as follows:
Sec. 1413.8 Definitions.
* * * * *
Industrial and other crops (IOC's) are: castor beans, chia, crambe,
crotalaria, cuphea, guar, guayule, hesperaloe, kenaf, lesquerella,
meadowfoam, milkweed, millet, plantago ovato, and sesame, or other
crops as designated by the Secretary. Individual State CFSA committees
may remove individual crops of IOC's from the list permitted in such
State.
* * * * *
8. Section 1413.26 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 1413.26 Adjusting CAB's.
(a)(1) A one-time forfeiture of all or a portion of a farm's CAB
shall be allowed at the request of the owner and operator if the
request for the permanent base reduction is filed not later than the
end of the ARP signup period. Producers requesting such forfeiture
shall designate whether the reduction shall apply for the current year
or the subsequent year.
* * * * *
9. Section 1413.43 is amended by revising subparagraph (h)(1) to
read as follows:
Sec. 1413.43 Planting flexibility.
* * * * *
(h)(1) Acreages that are flexed according to this section may be
double cropped in accordance with Sec. 1413.24(e). State committees
will establish beginning and ending flex dates for spring and fall
program crops. If such acreages are double cropped, eligible flex
acreage or idle acreage must be present on the farm during the
appropriate fall or spring flex dates established by the State
committee.
* * * * *
10. In Sec. 1413.50 paragraphs (a) through (c) are redesignated as
paragraphs (b) through (d), and a new paragraph (a) is added to read as
follows:
Sec. 1413.50 Requirements for program participation.
(a) With respect to a crop for which an ARP is announced, to be
eligible for deficiency payments and price support loans and purchases,
a producer, in accordance with part 400 of this chapter, must obtain at
least the minimum catastrophic level of insurance for each crop of
economic significance grown on each farm in the county in which the
producer has an interest, if such insurance is available in the county
for the crop.
* * * * *
11. Section 1413.54 is amended by revising paragraphs (c)(1) and
(4) to read as follows:
Sec. 1413.54 Acreage Reduction Program provisions.
* * * * *
(c)(1) (i) Acreage designated as ACR under the 1991, 1992, and 1993
wheat, feed grain, upland cotton, and rice programs may not be devoted
to other program crops and must be devoted to approved uses as
otherwise provided in this part.
(ii) Acreage designated as ACR under the 1991, 1992, and 1993
wheat, feed grain, upland cotton, and rice programs may not be devoted
to industrial and experimental crops.
(iii) Acreage designated as ACR under the 1994 wheat, feed grain,
upland cotton, and rice programs may be devoted to castor beans, chia,
crambe, crotalaria, cuphea, guar, guayule, hesperaloe, Kenaf,
lesquerella, meadowfoam, milkweed, plantago ovato, and sesame.
(iv) Acreage designated as ACR under the 1995 wheat, feed grain,
upland cotton, and rice programs may be devoted to castor beans, chia,
crambe, crotalaria, cuphea, guar, guayule, hesperaloe, kenaf,
lesquerella, meadowfoam, milkweed, millet, plantago avato, and sesame.
The State CFSA committee may, prior to signup,
[[Page 44258]]
remove individual crops from the list permitted in their State.
* * * * *
(4) (i) Acreage designated as CU for payment acreage under the ``0/
92'' and ``50/92'' provisions of the 1992 and 1993 wheat, feed grain,
upland cotton, and rice programs as provided in Secs. 1413.41 and
1413.42 may not be planted to industrial, experimental, or other crops
except as provided in paragraph (c)(2) of this section.
(ii) Acreage designated as CU for payment acreage under the ``0/
85'' and ``50/85'' provisions of the 1994 wheat, feed grain, upland
cotton, and rice programs as provided in Secs. 1413.41 and 1413.42 may
plant castor beans, chia, crotalaria, cuphea, guar, guayule,
hesperaloe, kenaf, lesquerella, meadowfoam, milkweed, plantago ovato,
and other crops as provided in paragraph (c)(2) of this section.
(iii) Acreage designated as CU for payment under the ``0/85'' and
``50/85'' provisions of the 1995 wheat, feed grain, upland cotton, and
rice programs as provided in Secs. 1413.41 and 1413.42 may plant castor
beans, chia, crotalaria, cuphea, guar, guayule, hesperaloe, kenaf,
lesquerella, meadowfoam, milkweed, millet, plantago ovato, and other
crops as provided in paragraph (c)(2) of this section. The State CFSA
committee may, prior to program signup, remove individual crops from
the list permitted in their State.
* * * * *
12. Section 1413.61 is amended by adding a new paragraph (a)(5) to
read as follows:
Sec. 1413.61 Eligible land for ACR and CU for payment designation.
(a) * * *
(5) Because of excessive rainfall and flooding, the Deputy
Administrator, Farm Programs, may authorize an exception to the minimum
size and width provisions as provided in paragraph (b)(1)(i) of this
section, if such exception is requested by the CFSA State executive
director. If an exception is authorized, producers may designate as ACR
or CU for payment small areas of at least .1 (one-tenth) an acre in
size, if all other eligibility requirements are met, and because of
excessive rainfall and flooding, either of the following applies:
(i) Such producers have an approved ASCS-574, Application for
Disaster Credit, on file in the county CFSA office, for prevented
planting or failed acreage of the crop; or
(ii) The county committee determines, on a farm-by-farm basis, that
the producers on the farm were forced to change planting patterns.
* * * * *
13. Section 1413.64 is amended by revising paragraphs (a),
introductory text, (a)(1) and (d) to read as follows:
Sec. 1413.64 Nationally approved cover crops and practices for ACR and
CU for payment acreages.
(a) All ACR acreage that is required to have a cover crop
established must have a nationally approved cover practice installed.
The following are nationally approved cover crops and practices for ACR
and CU for payment acreage:
(1) Annual, biennial, or perennial grasses and legumes, including
sweet sorghums, sorghum grass crosses, and sudans, excluding soybeans,
corn, sweet corn, grain sorghum, cotton, fruits, and vegetables.
* * * * *
(d) Acreage designated as ACR or CU for payment under the 1995
wheat, feed grain, upland cotton, and rice programs may be planted to
IOC's.
14. Section 1413.65 is amended by revising the introductory text of
paragraph (g) to read as follows:
Sec. 1413.65 Locally approved cover crops and practices for ACR and CU
for payment acreages.
* * * * *
(g) With respect to upland cotton CAB's enrolled in any of the 1995
through 1997 ARP's, the production of black-eyed peas shall be allowed
on up to 50 percent of the required ACR and CU for payment acreage,
subject to the following restrictions:
* * * * *
PART 1414--INTEGRATED FARM MANAGEMENT PROGRAM OPTION
15. The authority citation for Part 1414 continues to read as
follows:
Authority: 7 U.S.C. 5822.
16. Section 1414.28(a) is revised to read as follows:
Sec. 1414.28 Resource-Conserving Crops on payment acres.
(a) Program payments with respect to acreage enrolled in the
program shall not be paid to a producer if such producer hays or grazes
such acreage (excluding acreage designated as ACR) during the 5-month
period in which haying and grazing of conserving use acres is not
allowed under the provisions of Sec. 1413.66 of this chapter, unless
the crop planted on such acreage includes a small grain and the
producer harvests the small grain crop in kernel form.
* * * * *
17. Section 1414.30(b)(1)(i)(C) is revised to read as follows:
Sec. 1414.30 Traditionally underplanted acreage and reduction of
payment acres.
* * * * *
(b)(1)(i) * * *
(C) For participating crops, the part of the CAB subject to the
required ACR. If the producer is using the provisions set forth in
Secs. 1413.41 or 1413.42 of this chapter, traditionally underplanted
acreage means 8 through 15 percent, as applicable, of the producer's
permitted acreage for such year.
* * * * *
PART 1415--OPTIONS PILOT PROGRAM
18. The authority citation for Part 1415 continues to read as
follows:
Authority: 7 U.S.C. 1421 note; 15 U.S.C. 714b and 714c.
19. Section 1415.9 is amended to revise the definitions of
``Agreement'' and ``Program'' to read as follows:
Sec. 1415.9 Definitions.
* * * * *
Agreement means form CCC-300, Options Program Agreement.
* * * * *
Program means the Options Pilot Program.
* * * * *
20. Section 1415.13 is amended by revising paragraph (a)(1) (i)
through (iii) and by adding (a)(1)(iv) and (a)(1)(v) to read as
follows:
Sec. 1415.13 Eligibility.
(a)(1) * * *
(i) 1995 corn and soybeans in Champaign, Logan, and Shelby Counties
in Illinois, and Buffalo, Hamilton, and Nemaha counties in Nebraska;
(ii) 1995 corn in Carroll, Clinton, and Tippecanoe Counties in
Illinois, Boone, Grundy, and Hardin Counties in Iowa, and Auglaize,
Darke, and Wood Counties in Ohio.
(iii) 1995 hard red winter wheat in Ford, Sumner, and Thomas
Counties in Kansas, and Buffalo, Hamilton, and Nemaha Counties in
Nebraska,
(iv) 1995 hard red spring wheat in Barnes, Cass, and Grand Forks
Counties in North Dakota, and
(v) 1995 soft red winter wheat in Auglaize, Darke, and Wood
counties in Ohio.
* * * * *
21. Section 1415.15 is amended by revising paragraphs (b)(1)(ii),
(2)(i) through (2)(v), (e), the first sentence of paragraph (f) and
paragraph (h) to read as follows:
[[Page 44259]]
Sec. 1415.15 Agreements.
* * * * *
(b) * * *
(1) (i) * * *
(ii) For the target price equivalent strike price level for corn,
purchase at least one December 1995 CBOT put option on or before June
15, 1995; for wheat in Kansas and Nebraska, purchase at least one
September 1995 KCBOT put option on or before May 15, 1995; for wheat in
North Dakota, purchase at least one September 1995, MGE put option on
or before May 15, 1995; and for wheat in Ohio, purchase at least one
September 1995 CBOT put option on or before May 15, 1995. * * *
(2) (i) For price support participation, purchase at least one
March 1996 CBOT put option at a strike price equivalent to the county
price support price for corn;
(ii) For soybeans, purchase at least one March 1996 CBOT put option
contract at a strike price equivalent to the county soybean price
support price;
(iii) For wheat producers in Kansas and Nebraska, purchase at least
one December 1995 KCBOT put option at a strike price equivalent to the
county price support price for wheat;
(iv) For wheat producers in North Dakota, purchase at least one
December 1995 MGE put option at a strike price equivalent to the county
price support price for wheat;
(v) For wheat producers in Ohio, purchase at least one December
1995 CBOT put option at a strike price equivalent to the county price
support price for wheat;
* * * * *
(e) A producer must have a corn or wheat, respectively, crop
acreage base in order to participate in the program at the target price
strike price level for corn or wheat. However, a producer planting corn
on a farm with a grain sorghum crop acreage base, who reports that such
acreage is corn for purposes of participating in the acreage reduction
program for grain sorghum, may participate in the Options Program at
the price support strike price level for corn.
(f) With respect to each producer, the maximum quantity eligible
for target price put options is limited to the quantity determined by
multiplying the participant's production adjustment payment acreage
times the crop payment yield. * * *
(g) * * *
(h) If a producer enrolled in the program is not in compliance with
the provisions of the production adjustment program for wheat or corn,
as applicable, the producer will be required to repay any premiums and
incentive payments made, in addition to any interest determined in
accordance with the provisions of such program agreement.
22. Section 1415.20 is amended by revising paragraphs (f) and (g)
to read as follows:
1415.20 Premium and incentive payments.
* * * * *
(f) CCC will collect the excess premium issued at the time the
actual payment acreage is reported by the producer, and no incentive
payment will be issued with respect to the overstated acreage if, for
target price participation, the acreage enrolled in the production
adjustment program which is used in determining deficiency payments is
less than the intended payment acreage specified in the agreement.
However, the producer will be allowed to keep the put option with
respect to the additional bushels.
(g) The producer will not be allowed to increase the quantity of
the commodity enrolled in the program if, for target price
participation, the acreage enrolled in the production adjustment
program, which is used in determining deficiency payments, is more than
the intended payment acreage specified in the agreement.
* * * * *
PART 1416--VOLUNTARY PRODUCTION LIMITATION PROGRAM
23. The authority citation for Part 1416 continues to read as
follows:
Authority: 7 U.S.C. 1444f, 1445b-3a, 15 U.S.C. 714b and 714c.
24. Section 1416.100(a) is amended by revising the introductory
text to read as follows:
Sec. 1416.100 Eligible VPLP Counties.
(a) The VPLP shall be effective for the 1995 crops of wheat and
feed grains in:
* * * * *
25. Section 1416.101 is amended by revising paragraph (a) to read
as follows:
Sec. 1416.101 Basic program provisions.
(a)(1) The enrollment period for this program will coincide with
the period established for the Acreage Reduction Program (ARP) signup,
which will be January 30 through May 31, 1995.
(2) In order to participate in VPLP, a producer must purchase at
least the minimum catastrophic level of crop insurance, according to
part 400 of this chapter, for each crop of economic significance grown
on each farm in the county in which the producer has an interest, if
such insurance is available in the county for the crop.
* * * * *
26. Section 1416.103 is amended by revising paragraphs (b) and (e)
to read as follows:
Sec. 1416.103 Production evidence for actual yields.
* * * * *
(b) Producers with an interest in enrolled crops on more than one
farm shall certify the production from any farm not enrolled in VPLP
and may be subject to a spotcheck for such certifications. * * *
(e) (1) Documents showing the amount of production shall be
reviewed to determine moisture content and dockage associated with the
production. If the document does not show that the production has been
reduced to standard moisture levels and shows:
(i) Specific moisture that is greater than standard;
(ii) Dockage; or
(iii) Both excess moisture and dockage, the net amount shall be
adjusted on standard moisture levels and applicable dockage standards
as determined by CCC.
(2) [Reserved]
* * * * *
27. Section 1416.400 is amended by revising paragraph (b) to read
as follows:
Sec. 1416.400 Program payments and price support loans and loan
deficiency payments.
* * * * *
(b) Producers of enrolled CAB's shall be eligible to earn
deficiency payments on the number of acres planted to such CAB's or the
maximum payment acres for the CAB's including CAB's planted to an
enrolled wheat or feed grain crop different from the CAB assigned to
the crop.
Signed at Washington, DC, on August 16, 1995.
Bruce R. Weber,
Acting Administrator, Consolidated Farm Service Agency and Acting
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-20782 Filed 8-24-95; 8:45 am]
BILLING CODE 3410-05-P
