[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Rules and Regulations]
[Page 67938-67939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-2]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR parts 1412 and 1421
RIN 0560-AG71 and 0560-AG72
Direct and Counter Cyclical Program; Marketing Assistance Loans
and Loan Deficiency Payments for Peanuts, Pulse Crops, Wheat, Feed
Grains, Soybeans and Other Oilseeds; Correction
AGENCIES: Commodity Credit Corporation, USDA.
ACTION: Final rule (correcting amendments).
-----------------------------------------------------------------------
SUMMARY: This document also corrects the regulations published by the
Commodity Credit Corporation (CCC) entitled ``Direct and Counter
Cyclical Program'' and ``Marketing Assistance Loans and Loan Deficiency
Payments.'' Corrections are necessary for provisions that conflict with
statute or other program requirements and are intended to ensure that
Agency regulations are properly written and implemented. These changes
will apply retroactively to actions taken under the subject regulations
since their effective date.
DATES: The revisions to part 1412 are effective as of October 16, 2002;
the revisions to part 1421 are effective as of October 8, 2002.
FOR FURTHER INFORMATION CONTACT: Sharon Biastock at 720-6336, or
Kimberly Graham, at 202-720-9154.
SUPPLEMENTARY INFORMATION:
Discussion of Corrections
(1) Interstate transfer of peanut acreage. This document also
corrects 7 CFR part 1412, published in the Federal Register on October
21, 2002, 67 FR 64751, by authority of the Farm Security and Rural
Investment Act of 2002 (``2002 Act''). Part 1412 is entitled ``Direct
and Counter-Cyclical Program and Peanut Quota Buyout Program,'' and
provides for direct and counter-cyclical payments for the crop years
2002 through 2007 for a number of crops to provide income support to
producers of eligible commodities. The error is in the introductory
language in section 1412.703(b) of part 1412, which states,
``Notwithstanding paragraph (a) of this section, the average acreage
determined under Sec. 1412.701 for a farm may be assigned to a farm in
a contiguous county only if either of the following apply:'' This
correction substitutes the word ``state'' for ``county'' in that
sentence, as the provisions are directed to special allowance for
interstate transfers for peanuts as reflected elsewhere and in the
authorizing statute.
(2) Penalties for erroneous certification. This document corrects
the regulations for CCC Marketing Assistance Loans and Loan Deficiency
Payments for Peanuts, Pulse Crops, Wheat, Feed Grains, Soybeans and
Other Oilseeds at 7 CFR Part 1421. The current provisions of Part 1421
were published in the Federal Register on Friday, October 11, 2002 (67
FR 63511). Marketing assistance loans and loan deficiency payments are
authorized by title I of the 2002 Act.
This document corrects sections 1421.109 of 7 CFR part 1421
relating to a producer's violation of a loan agreement, and the
resulting administrative remedies. Specifically, Sec. 1421.109(e) is
corrected so that the amount due for a violation of this provision is
based only on the quantity of the commodity ``removed or disposed of''
and not the ``quantity incorrectly certified or the loan quantity
removed or disposed.'' As to the reference to ``quantity incorrectly
certified'' there can never be less than a full loan repayment as is
clear from the circumstances and other provisions in the regulations.
Accordingly, this section is corrected by removing that reference.
Also, a clarifying comma is added after the word ``interest'' in Sec.
1421.109(e)(1)(i).
Section 1421.109 is also corrected in paragraph (g) so that, ``The
county committee may waive the liquidated damages if it determines that
the violation was inadvertent, accidental, or unintentional.'' instead
of ``* * * and unintentional.'' The word ``or'' was used here instead
of ``and'' to comport fully with the original and continuing intent of
this provision.
These changes are to clarify and correct regulations, and delaying
their publication to request public comment is contrary to the public
interest. Further, section 1601 of the 2002 Act exempts these changes
from notice and comment rulemaking. So that they may apply equally with
existing regulations,
[[Page 67939]]
these changes are effective as of the original filing of the rules
implementing the 2002 Act.
List of Subjects
7 CFR Part 1412
Direct and counter-cyclical payments, Grains, Peanuts, Oilseeds,
Reporting and record keeping requirements.
7 CFR Part 1421
Agricultural commodities, Feed grains, Grains, Loan programs--
agriculture, Oilseeds, Price support programs.
0
Accordingly, 7 CFR chapter XIV is corrected as follows:
PART 1412--DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA
BUYOUT PROGRAM
0
1. The authority citation for part 1412 continues to read as follows:
Authority: 7 U.S.C. 7911-7918, 7951-7956; 15 U.S.C. 714b and
714c.
Subpart G--Establishment and Assignment of Peanut Base Acres and
Yields for a Farm
0
2. Revise Sec. 1412.703(b) to read as follows:
Sec. 1412.703 Assignment of average peanut yields and average peanut
acreages to farms.
* * * * *
(b) Notwithstanding paragraph (a) of this section, the average
acreage determined under Sec. 1412.701 for a farm may be assigned to a
farm in a contiguous state only if either of the following apply:
(1) The historic peanut producer making the assignment produced
peanuts in that State during at least one of the 1998 through 2001 crop
years; or
(2) As of March 31, 2003, the historic peanut producer is a
producer on a farm in that State.
* * * * *
PART 1421--GRAINS AND SIMILARLY HANDLED COMMODITIES--MARKETING
ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR THE 2002 THROUGH
2007 CROP YEARS
0
3. The authority citation for part 1421 continues to read as follows:
Authority: 7 U.S.C. 7231-7237 and 7931 et seq.; 15 U.S.C. 714b,
714c.
Subpart B--Marketing Assistance Loans
0
4. In Sec. 1421.109, paragraphs (e)(1) and (g) are corrected to read
as follows:
Sec. 1421.109 Personal liability of the producer.
* * * * *
(e) For violations and the liquidated damages under paragraph
(d)(1) of this section, the county committee shall:
(1) Require repayment of the marketing assistance loan quantity
removed or disposed of at the lesser of:
(i) The applicable loan principal, and charges, plus interest, or:
(ii) The announced alternative repayment rate in effect on date the
violation occurred, plus 15 percent of the loan rate, or as otherwise
determined by the Deputy Administrator, and
* * * * *
(g) The county committee may waive imposing liquidated damages if
it determines that the violation was inadvertent, accidental, or
unintentional.
* * * * *
Signed in Washington, DC, on November 26, 2003.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 03-30198 Filed 12-4-03; 8:45 am]
BILLING CODE 3410-05-P