[Federal Register: September 7, 2004 (Volume 69, Number 172)]
[Proposed Rules]
[Page 54049-54053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se04-14]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 54049]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 784
RIN 0560--AH15
2004 Ewe Lamb Replacement and Retention Payment Program
AGENCY: Farm Service Agency, USDA.
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule invites comments on a new program, the 2004
Ewe Lamb Replacement and Retention Payment Program, as authorized by
clause (3) of section 32 of the Act of August 24, 1935, as amended. The
proposed program will assist producers of sheep and lambs by providing
up to $18 million total, in direct cash payments, to encourage the
replacement and retention of ewe lamb breeding stock during the one-
year period from August 1, 2003, through July 31, 2004. This action is
designed to provide immediate financial assistance to sheep and lamb
producers who have recently experienced reduced production and flock
size, low prices and poor market conditions.
DATES: Comments on this rule must be received on or before October 7,
2004 in order to be assured of consideration. Comments on the
information collections in this rule must be received by November 8,
2004 in order to be assured of consideration.
ADDRESSES: The Farm Service Agency invites interested persons to submit
comments on this proposed rule and on the collection of information.
Comments may be submitted by any of the following methods:
E-Mail: Send comments to danielle_cooke@wdc.fsa.usda.gov.
Fax: Submit comments by facsimile transmission to: (202)
690-3307.
Mail: Send comments to Grady Bilberry, Director, Price
Support Division (PSD), Farm Service Agency, United States Department
of Agriculture (USDA), STOP 0512, Room 4095-S, 1400 Independence
Avenue, SW., Washington, DC 20250-0512.
Hand Delivery or Courier: Deliver comments to the above
address * * *
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Comments on the information collection requirements of this rule
must also be sent to the addresses listed in the Paperwork Reduction
Act section of this Notice.
Comments may be inspected in the Office of the Director, PSD, FSA,
USDA, Room 4095 South Building, Washington, DC, between 8 a.m. and 4:30
p.m., Monday through Friday, except holidays. A copy of this proposed
rule is available on the PSD home page at http://www.fsa.usda.gov/dafp/psd/
.
FOR FURTHER INFORMATION CONTACT: Danielle Cooke, phone: (202) 720-1919;
e-mail: Danielle_Cooke@wdc.fsa.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Clause (3) of section 32 of the Act of August 24, 1935, as amended,
authorizes the Secretary of Agriculture to ``reestablish farmers
purchasing power by making payments in connection with the normal
production of any agricultural commodity for domestic consumption.''
There are an estimated 66,800 sheep and lamb operations in the
United States that account for about one percent of the value of all
U.S. farm production. A dramatic increase in imported lamb meat over
the last several years has resulted in reduced incomes for the
producers of domestically raised sheep and lambs. The reduction in
income has forced U.S. producers to reduce the production of sheep and
lambs and overall flock size. The reduced production and flock size,
along with the long-term reduced market prices for lambs, has
significantly reduced the overall purchasing power of producers,
including the ability to invest in improved breeding stock genetics.
Ewe lamb replacement and retention in the U.S. again decreased from
July 2002 to July 2003, with the 2003 lamb crop expected to total 4.13
million, which is down five percent from the previous year. Extreme
drought conditions over the past several years in many of the sheep-
producing areas of the U.S. have also adversely impacted the
profitability of the industry due to reduced pasture carrying capacity
and forage availability.
This proposed rule addresses that situation by providing for a new
program. It is similar to the program previously provided for ewe
retention, which was codified in 7 CFR part 784. Payments to sheep and
lamb operations under the program will strengthen the entire industry
by providing cash benefits while establishing larger and genetically
improved flocks that will help the U.S. lamb industry achieve sustained
competitiveness, while respecting international trade obligations. The
program will only be administered for the base period of August 1, 2003
through July 31, 2004. Program benefits will be limited to eligible ewe
lambs retained during this base period under this one-time only
program, which will end at the conclusion of the application period
announced by FSA and upon the dispersal of available funds to eligible
program participants approved for benefits. The rule contemplates that
$18 million will be available for the program and limits expenditures
to that amount with a provision for pro-rating payments. In the event
that approval of all eligible applications would result in expenditures
in excess of the amount available, FSA will prorate funds by a national
factor to reduce the expected payments to be made to the amount
available. Subject to such proration and the availability of funds, the
maximum payment amount will be capped at $18 per eligible ewe.
Payments under this new program will provide those eligible for the
payments with an immediate infusion of funds to help pay to replace and
retain ewe lamb breeding stock and meet other financial obligations.
Eligible sheep and lamb operations making application for payments
under this part must certify that they will maintain the qualifying ewe
lambs in the herd for at least one complete offspring lambing cycle and
actually maintain the lambs for the period in accord with that
certification. The offspring lambing cycle would be at least one cycle
in which the lamb could bring its own lamb to weaning in the normal
amount of time. Subject to available funds and prorating, the
[[Page 54050]]
eligible operation can receive payments for all ewes held by the
operation that long which were owned during the base period. Because of
the required holding period, compliance will not be completed until a
time after the close of the base period. (The base period was August 1,
2003 through July 31, 2004). Ewes, to qualify, must meet certain
quality standards, for which sheep and lamb producers must also
certify. In addition, eligible sheep and lamb operations must be in the
business of producing and marketing agricultural products at the time
of filing an application for program benefits and must certify that
they are in compliance with related requirements described in 9 CFR
parts 54 and 79. Sheep and lamb operations determined to have made any
false certifications or adopted any misrepresentation, scheme or device
that defeats the program purpose will be required to refund any
payments issued under this program with interest and will be ineligible
to participate in this program and any other USDA program, in addition
to other civil, criminal, or administrative remedies that may apply.
Payments are subject to all requirements of the regulations and program
documents. The proposed rule follows the rules for the previous ewe
retention program with some clarification. Eligible sheep and lamb
operations must apply for payments during the application period set by
FSA pursuant to these regulations. Information provided on applications
and supporting documentation submitted to FSA will be subject to
verification by FSA. Applications to be verified will be selected
randomly. Penalties for false certification can be easily assessed and
are expected to minimize such certifications. Adequate records must be
maintained by the sheep and lamb operation to verify the eligibility of
the operation and the qualifying ewe lambs. Documentation used to
support eligibility may include, but is not limited to sales receipts,
farm management records, veterinarian certifications, and scrapie
program forms. The documentation should be verifiable and include
adequate information to substantiate eligibility, such as, date of lamb
purchase or birth, lamb identification and control information, number
of ewe lambs purchased or retained and scrapie program identification
numbers. In addition, adequate documentation that includes the date of
death must be maintained for any death loss of qualifying ewe lambs.
Sheep and lamb operations may, during the applicable application
period established by the Deputy Administrator for Farm Programs for
FSA, apply in person at FSA county offices during regular business
hours. Alternatively, program applications may be obtained by mail,
telephone, and facsimile from their designated FSA county office or
obtained via the Internet at http://www.fsa.usda.gov/dafp/psd/. This
new program does not replace the previous ewe retention program. To the
extent of any outstanding issues, the previous program will be operated
under the regulations issued in connection with that program.
Executive Order 12866
This proposed rule is issued in conformance with Executive Order
12866 and has been determined to be significant and has been reviewed
by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this proposed rule because the FSA is not required by 5
U.S.C. 533 or any other provision of law to publish a notice of
proposed rulemaking with respect to the subject matter of this proposed
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 necessary for this proposed rule.
Executive Order 12988
This proposed rule has been reviewed in accordance with Executive
Order 12988. The provisions of this rule preempt State laws to the
extent such laws are inconsistent with the provisions of this proposed
rule. Before any legal action may be brought regarding determinations
of this rule, the administrative appeal provisions set forth at 7 CFR
parts 11 and 780 must be exhausted.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with State and
local officials. See the notice related to 7 CFR part 3014, subpart V,
published at 48 FR 29115 (June 24, 1983).
Unfunded Mandates Reform Act of 1995
This proposed rule contains no Federal mandates under the
regulatory provisions of Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) for State, local, and tribal governments or the private
sector. Thus, this rule is not subject to the requirements of sections
202 and 205 of the UMRA.
Paperwork Reduction Act of 1995
In accordance with the Paperwork Reduction Act of 1995, FSA intends
to request approval by OMB of an information collection required to
support the proposed rule establishing a new ewe lamb replacement and
retention payment program for sheep and lamb producers. Copies of the
information collection may be obtained from Linda Turner, the Agency
Information Collection Coordinator, at (202) 690-1855.
Title: 2004 Ewe Lamb Replacement and Retention Payment Program.
OMB Control Number: 0560-New.
Type of Request: Request for Approval of a New Information
Collection.
Abstract: Sheep and lamb operations are eligible to receive direct
payments provided they make certifications that attest to their
eligibility to receive such payments. These operations must certify, as
appropriate, with respect to: (1) The number of ewe lambs not older
than 18 months of age that were purchased or retained by the sheep and
lamb operation during the period of August 1, 2003, through July 31,
2004, to replenish the breeding stock of the sheep and lamb operation
and did not receive funds under the Lamb Meat Adjustment Assistance
Program (LMAAP) for the same ewe lamb; (2) retention of the qualifying
ewe lambs in the herd for at least one complete offspring lambing
cycle; (3) certain characteristics of the qualifying ewe lambs as
determined by the Secretary; (4) identification of the qualifying ewe
lambs according to their State identification requirements and through
the Animal Plant and Health Inspection Service (APHIS) Voluntary
Scrapie Flock Certification Program or the APHIS Scrapie Eradication
Program; and (5) that the operation is still in the business of
agricultural production. The information will be used by FSA to
determine the program eligibility of the sheep and lamb operation. FSA
considers the information collected essential to prudent eligibility
determinations and payment calculations. Additionally, without accurate
information on sheep and lamb operations, the national payment rate
[[Page 54051]]
would be inaccurate, resulting in payments being made to ineligible
recipients and compromising the integrity and accuracy of the program.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 5 minutes per response.
Respondents: Sheep and Lamb Operations.
Estimated Number of Respondents: 63,000.
Estimated Number of Responses per Respondent: 5.
Estimated Total Annual Burden on Respondents: 27,540 hours.
Proposed topics for comment include: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of burden including
the validity of the methodology and assumptions used; (c) ways to
enhance the quality, utility, and clarity of the information collected;
or (d) ways to minimize the burden of the collection of the 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. Comments should be
sent to the Desk Officer for Agriculture, Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, D.C.
20503 and to Grady Bilberry, Director, Price Support Division, Farm
Service Agency, United States Department of Agriculture, STOP 0512,
1400 Independence Avenue, SW., Washington, DC 20250-0512 or telephone
(202) 720-7901.
Executive Order 12612
It has been determined that this proposed rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment. The provisions contained in this rule will not
have a substantial direct effect on States or their political
subdivisions or on the distribution of power and responsibilities among
the various levels of government.
List of Subjects in 7 CFR Part 784
Agriculture, Livestock, Reporting and record keeping requirements.
Accordingly, 7 CFR Part 784 is proposed to be revised to read as
follows:
PART 784--2004 EWE LAMB REPLACEMENT AND RETENTION PAYMENT PROGRAM
Sec.
784.1 Applicability.
784.2 Administration.
784.3 Definitions.
784.4 Time and method of application.
784.5 Payment eligibility.
784.6 Rate of payment and limitations on funding.
784.7 Availability of funds.
784.8 Appeals.
784.9 Misrepresentation and scheme or device.
784.10 Estates, trusts, and minors.
784.11 Death, incompetence, or disappearance.
784.12 Maintaining records.
784.13 Refunds; joint and several liability.
784.14 Offsets and withholdings.
784.15 Assignments.
784.16 Termination of program.
Authority: Clause (3) of section 32 of the Act of August 24,
1935, as amended; 7 U.S.C. 612c.
Sec. 784.1 Applicability.
(a) Subject to the availability of funds, this part establishes
terms and conditions under which the 2004 Ewe Lamb Replacement and
Retention Payment Program will be administered. The purpose of this
program is to provide benefits to sheep and lamb operations, pursuant
to clause (3) of section 32 of the Act of August 24, 1935, as amended
(7 U.S.C. 612c), in order to enhance their purchasing power in
connection with the normal production of sheep and lambs for domestic
consumption and increase the size of the United States breeding flock.
Increasing flock size will, in turn, boost producers' purchasing power
and competitive position in the marketplace by fostering a sustainable
industry, increasing industry efficiency through larger volumes of
production, and enhancing the value of products in the marketplace.
(b) Unless otherwise determined by the Farm Service Agency (FSA) in
accordance with the provisions of this part, the amount that may be
expended under this part for program payments shall not exceed $18
million. Claims that exceed that amount will be prorated in accordance
with the provisions for proration that are contained in this part.
(c) Producers must comply with all provisions of this part and 7
CFR 718.9--Finality Rule.
Sec. 784.2 Administration.
(a) This part shall be administered by FSA under the general
direction and supervision of the Deputy Administrator for Farm
Programs, FSA. The program shall be carried out in the field by FSA
State and county committees (State and county committees).
(b) State and county committees, and representatives and employees
thereof, do not have the authority to modify or waive any of the
provisions of the regulations in this part.
(c) The State committee shall take any action required by this part
that has not been taken by the county committee. The State committee
shall also:
(1) Correct, or require a county committee to correct, any action
taken by such county committee that is not in accordance with the
regulations of this part; or
(2) Require a county committee to withhold taking any action that
is not in accordance with the regulations of this part.
(d) No delegation herein to a State or county committee shall
preclude the Deputy Administrator for Farm Programs, FSA, or a
designee, from determining any question arising under the program or
from reversing or modifying any determination made by a State or county
committee.
(e) The Deputy Administrator for Farm Programs, FSA, may authorize
State and county committees to waive or modify deadlines and other
program requirements in cases where timeliness or failure to meet such
other requirements does not adversely affect the operation of the
program.
(f) The program described under this part is a one time only
program that will be administered with respect to eligibility and
qualifying factors occurring during the base period of August 1, 2003
through July 31, 2004.
Sec. 784.3 Definitions.
The definitions set forth in this section shall be applicable for
all purposes of administering the 2004 Ewe Lamb Replacement and
Retention Payment Program established by this part.
Agricultural Marketing Service or AMS means the Agricultural
Marketing Service of the Department.
Application means the Ewe Lamb Replacement and Retention Payment
Program Application.
Application period means the date established by the Deputy
Administrator for producers to apply for program benefits.
Base period means the period from August 1, 2003 through July 31,
2004, that ewe lambs must meet all qualifying eligibility criteria.
Ewe lamb means a female lamb no more than 18 months of age that has
not produced an offspring.
Farm Service Agency or FSA means the Farm Service Agency of the
Department.
Foot rot means an infectious, contagious disease of sheep that
causes severe lameness and economic loss from decreased flock
production.
[[Page 54052]]
Lambing cycle means the period of time from birth to weaning.
Parrot mouth means a genetic defect resulting in the failure of the
incisor teeth to meet the dental pad correctly.
Person means any individual, group of individuals, partnership,
corporation, estate, trust, association, cooperative, or other business
enterprise or other legal entity who is, or whose members are, a
citizen or citizens of, or legal resident alien or aliens in the United
States.
Sheep and lamb operation means any self-contained, separate
enterprise operated as an independent unit exclusively within the
United States in which a person or group of persons raise sheep and/or
lambs.
United States means the 50 States of the United States of America,
the District of Columbia, and the Commonwealth of Puerto Rico.
Sec. 784.4 Time and method of application.
(a) A request for benefits under this part must be submitted on the
Ewe Lamb Replacement and Retention Program Application. The application
form may be obtained in person, by mail, by telephone, or by facsimile
from any county FSA office. In addition, applicants may download a copy
of the form at http://www.usda.gov/dafp/psd/.
(b) The form may be obtained from and must be submitted to the FSA
county office serving the county where the sheep and lamb operation is
located. The completed form must be received by the FSA county office
by the date established by the Agency. Applications not received by
that date will be disapproved and returned as not having been timely
filed and the sheep and lamb operation filing the application will not
be eligible for benefits under this program.
(c) The sheep and lamb operation requesting benefits under this
part must certify to the accuracy of the information provided in their
application for benefits. All information provided is subject to
verification and spot checks by FSA. Refusal to allow FSA or any other
agency of the Department of Agriculture to verify any information
provided will result in a determination of ineligibility. Data
furnished by the applicant will be used to determine eligibility for
program benefits. Providing a false certification may be subject to
additional civil and criminal sanctions.
(d) The sheep and lamb operation requesting benefits under this
part must maintain accurate records that document that they meet all
eligibility requirements specified herein, as may be requested by FSA.
Acceptable forms of supporting documentation include, but are not
limited to: sales receipts, farm management records, veterinarian
certifications, scrapie program forms and identification numbers, as
well as, other types of documents that prove the eligibility of the
qualifying ewe lambs and the sheep and lamb operation. The supporting
documentation provided must at a minimum include at least the
following: date of lamb purchase or date of birth, date of lamb death
(if applicable), lamb identification and control information, number of
ewe lambs purchased or retained, and scrapie program identification
numbers.
Sec. 784.5 Payment eligibility.
(a) Payments can be made, as agreed to by FSA and subject to the
availability of funds, for eligible ewe lambs acquired or held during
the base period by eligible sheep and lamb operations. Payments may be
made for eligible ewe lambs held continuously by the operation, through
the end of the compliance period, from the time of the first possession
of the ewe lamb. The payment rate cannot exceed the rate provided for
in Sec. 784.6 or it may be prorated pursuant to Sec. 784.7. For
purposes of this section the ``base period'' is the period from August
1, 2003 through July 31, 2004.
(b) For the ewe lamb to be eligible, a sheep and lamb operation
must certify that the ewe lamb:
(1) During at least part of the base period was not older than 18
months of age;
(2) Had not produced an offspring; and
(3) At the time of certification, does not possess the following
characteristics:
(i) Parrot mouth; or
(ii) Foot rot.
(c) Sheep and lamb operation must certify and agree to:
(1) Maintain the qualifying ewe lambs in the herd for at least one
complete, normal offspring lambing cycle and actually maintain the
lambs for that period in accord with that certification. The
``offspring'' lambing cycle refers to the time in which the qualifying
ewe lamb's own offspring would be weaned, in a normal course, from that
qualifying ewe if the ewe were to have offspring, irrespective of
whether the ewe actually produces offspring.
(2) Upon request by an AMS agent, allow the AMS agent to verify
that the ewe lambs meet qualifying characteristics.
(3) Maintain documentation of any death loss of qualifying ewe
lambs.
(4) Agree to refund any payments made with respect to any ewe lamb
or offspring that has died before completing the full program
requirements where said deaths for the operation exceed 10 percent.
(5) Be in compliance with all requirements relating to scrapie, as
described in 9 CFR parts 54 and 79.
(d) To be eligible for any payments addressed under this section, a
sheep and lamb operation must be engaged in the business of producing
and marketing agricultural products at the time of filing the
application.
(e) In addition, to be eligible for payment, a sheep and lamb
operation must submit a timely application during the application
period for benefits and comply with all other terms and conditions of
this part or that are contained in the application to be eligible for
such benefits.
Sec. 784.6 Rate of payment and limitations on funding.
(a) Subject to the availability of funds and to the proration
provisions of Sec. 784.7, payments for qualifying operations shall be
$18 for each qualifying ewe lamb retained or purchased for breeding
purposes.
Sec. 784.7 Availability of funds.
Total payments under this part, unless otherwise determined by the
FSA, cannot exceed $18 million. In the event that approval of all
eligible applications would result in expenditures in excess of the
amount available, FSA shall prorate the available funds by a national
factor to reduce the expected payments to be made to the amount
available. The payment shall be made based on the national factored
rate as determined by FSA. FSA shall prorate the payments in such
manner as it, in its sole discretion, finds fair and reasonable.
Sec. 784.8 Appeals.
Any sheep and lamb operation that is dissatisfied with a
determination made pursuant to this part may make a request for
reconsideration or appeal of such determination in accordance with the
appeal regulations set forth at parts 11 and 780 of this title.
Sec. 784.9 Misrepresentation and scheme or device.
(a) A sheep and lamb operation shall be ineligible to receive
assistance under this program or any other USDA program if it is
determined by the State committee or the county committee to have:
(1) Adopted any scheme or device that tends to defeat the purpose
of this program;
(2) Made any fraudulent representation; or
[[Page 54053]]
(3) Misrepresented any fact affecting a program determination.
(b) Any funds disbursed pursuant to this part to any person or
operation engaged in a misrepresentation, scheme, or device, shall be
refunded with interest together with such other sums as may become due.
Any sheep and lamb operation or person engaged in acts prohibited by
this section and any sheep and lamb operation or person receiving
payment under this part shall be jointly and severally liable with
other persons or operations involved in such claim for benefits for any
refund due under this section and for related charges. The remedies
provided in this part shall be in addition to other civil, criminal, or
administrative remedies that may apply.
Sec. 784.10 Estates, trusts, and minors.
(a) Program documents executed by persons legally authorized to
represent estates or trusts will be accepted only if such person
furnishes evidence of the authority to execute such documents.
(b) A minor who is otherwise eligible for assistance under this
part must, also:
(1) Establish that the right of majority has been conferred on the
minor by court proceedings or by statute;
(2) Show a guardian has been appointed to manage the minor's
property and the applicable program documents are executed by the
guardian; or
(3) Furnish a bond under which the surety guarantees any loss
incurred for which the minor would be liable had the minor been an
adult.
Sec. 784.11 Death, incompetence, or disappearance.
In the case of death, incompetence, disappearance or dissolution of
a person that is eligible to receive benefits in accordance with this
part, such person or persons specified in 7 CFR part 707 may receive
such benefits, as determined appropriate by FSA.
Sec. 784.12 Maintaining records.
Persons making application for benefits under this program must
maintain accurate records and accounts that will document that they
meet all eligibility requirements specified herein. Such records and
accounts must be retained for 3 years after the date of payment to the
sheep and lamb operations under this program. Destruction of the
records after such date shall be at the risk of the party undertaking
the destruction.
Sec. 784.13 Refunds; joint and several liability.
(a) In the event there is a failure to comply with any term,
requirement, or condition for payment arising under the application, or
this part, and if any refund of a payment to FSA shall otherwise become
due in connection with the application, or this part, all payments made
under this part to any sheep and lamb operation shall be refunded to
FSA together with interest as determined in accordance with paragraph
(c) of this section and late payment charges as provided in part 1403
of this title.
(b) All persons signing a sheep and lamb operation's application
for payment as having an interest in the operation shall be jointly and
severally liable for any refund, including related charges, that is
determined to be due for any reason under the terms and conditions of
the application or this part with respect to such operation.
(c) Interest shall be applicable to refunds required of any person
under this part if FSA determines that payments or other assistance was
provided to a person who was not eligible for such assistance. Such
interest shall be charged at the rate of interest that the United
States Treasury charges the Commodity Credit Corporation for funds,
from the date FSA made such benefits available to the date of repayment
or the date interest increases as determined in accordance with
applicable regulations. FSA may waive the accrual of interest if FSA
determines that the cause of the erroneous determination was not due to
any action of the person.
(d) Interest determined in accordance with paragraph (c) of this
section may be waived at the discretion of FSA alone for refunds
resulting from those violations determined by FSA to have been beyond
the control of the person committing the violation.
(e) Late payment interest shall be assessed on all refunds in
accordance with the provisions of, and subject to the rates prescribed
in 7 CFR part 792.
(f) Any excess payments made by FSA with respect to any application
under this part must be refunded.
(g) In the event that a benefit under this subpart was provided as
the result of erroneous information provided by any person, the benefit
must be repaid with any applicable interest.
Sec. 784.14 Offsets and withholdings.
FSA may offset or withhold any amounts due FSA under this subpart
in accordance with the provisions of 7 CFR part 792, or successor
regulations, as designated by the Department.
Sec. 784.15 Assignments.
Any person who may be entitled to a payment may assign his rights
to such payment in accordance with 7 CFR part 1404 or successor
regulations as designated by the Department.
Sec. 784.16 Termination of program.
This program will be terminated after payment has been made to
those applications certified as eligible pursuant to the application
period established in Sec. 784.4.
Signed at Washington, DC, August 31, 2004.
James R. Little,
Administrator, Farm Service Agency.
[FR Doc. 04-20186 Filed 9-3-04; 8:45 am]
BILLING CODE 3410-05-P