[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19185-19193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8308]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 /
Rules and Regulations
[[Page 19185]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
Commodity Credit Corporation
7 CFR Parts 1400, 1412, and 1421
RIN 0560-AH84
Direct and Counter-Cyclical Program and Average Crop Revenue
Election Program, Disaster Assistance Programs, Marketing Assistance
Loans and Loan Deficiency Payments Program, Supplemental Revenue
Assistance Payments Program, and Payment Limitation and Payment
Eligibility; Clarifying Amendments
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: CCC is amending the regulations for the Direct and Counter-
cyclical Payment Program (DCP) for the 2008 through 2012 crop years and
Average Crop Revenue Election (ACRE) Program for the 2009 through 2012
crop years. The amendments clarify various provisions in the
regulations and extend benefits to additional producers. This rule
extends the eligibility for farms of less than 10 base acres from farms
wholly owned by socially disadvantaged or limited resource producers to
farms that are at least half owned by such producers. It removes a
provision terminating base acres on Federally-owned land, which will
effectively extend DCP and ACRE Program eligibility to producers who
lease or purchase such land. Clarifying amendments specify the extended
2009 crop year enrollment and election period, simplify acreage and
production reporting requirements, correct contract termination
provisions, and add 2009 through 2012 loan rates. This rule also makes
several clarifying amendments to the regulations for the Emergency
Assistance for Livestock, Honeybees, and Farm-Raised Fish Program
(ELAP) and the Livestock Forage Disaster Program (LFP), the
Supplemental Revenue Assistance Payments Program (SURE) and the
Marketing Assistance Loans (MAL) and Loan Deficiency Payments (LDP)
Programs. It clarifies eligibility requirements for foreign persons for
CCC and FSA programs.
DATES: Effective Date: April 13, 2010.
FOR FURTHER INFORMATION CONTACT: Candace Thompson, Acting Director,
Production, Emergencies, and Compliance Division, Farm Service Agency
(FSA), United States Department of Agriculture (USDA), Stop 0517, 1400
Independence Ave, SW., Washington, DC 20250-0517; phone: (202) 720-
7641; e-mail: [email protected]. Persons with disabilities
who require alternative means for communication (braille, large print,
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Background
This rule provides clarifying amendments to a number of regulations
that were published to implement programs authorized by the Food,
Conservation, and Energy Act of 2008 (Pub. L. 110-246, the ``2008 Farm
Bill''). The regulations that are amended with this rule specify
provisions for the DCP, ACRE, ELAP, LFP, MAL, SURE, and LDP Programs.
Sections 1101 through 1109 of the 2008 Farm Bill specify the
requirements for DCP and ACRE Program. CCC published regulations to
implement the DCP and ACRE Program in the Federal Register on December
29, 2008 (73 FR 79284-79306). This rule amends the regulations for DCP
for the 2008 through 2012 crop years and for the ACRE Program for the
2009 through 2012 crop years. CCC is amending the regulations to
provide additional clarity and to increase flexibility in the
regulatory requirements where the 2008 Farm Bill permits and where CCC
has determined it is in the best interests of the programs and
participants. The amendments include extending the enrollment period
for the 2009 crop year, simplifying acreage and production reporting
requirements, removing a provision terminating base acres on Federally
owned land, and setting less restrictive eligibility requirements for
small farms owned by socially disadvantaged or limited resource
producers. This rule also makes minor technical amendments and
corrections, such as including loan rates that are specified in the
2008 Farm Bill, but were inadvertently not included in the regulations.
The basic structure and scope of DCP and the ACRE Program are not
changing with this rule.
Definitions; DCP and ACRE Program
This rule adds definitions to Sec. 1412.3 that are needed to
implement and clarify the ACRE Program. These definitions are already
used in the forms and contracts for the program, as well as the
instruction sheets and calculators on FSA's Web site. It is appropriate
to put these definitions in the regulations so that producers have
complete information about how their benefit is calculated. The
definitions clarify how prices, production, revenue, acreage and
expected yields will be determined for the ACRE Program.
This rule defines how the State ACRE guarantee is calculated for
the purpose of determining ACRE Program benefits: It is 90 percent of
the benchmark State yield per acre times the ACRE guarantee price.
Although the term ``ACRE guarantee price'' is included in the contract
appendix, prior to this amendment, it did not appear in the rule.
Several other terms used in either the appendix to the contract or in
the instructions for the ACRE calculator on the FSA Web site were not
previously included in the rule. In order that the regulations may be
more comprehensive, this rule adds the following definitions that are
used in the forms, contracts, and online tools: ``Actual farm yield and
benchmark farm yield,'' ``ACRE price,'' ``ACRE plug yield,'' ``average
yield per planted acre,'' ``actual farm production,'' and ``actual farm
revenue.''
In other cases, a definition is needed to specify how a term used
in other FSA or CCC programs is used differently for DCP and ACRE. For
example, the definition of ``double cropping'' in this rule is slightly
different from that used for other FSA programs. The definition in this
rule clarifies what double crop production will be recognized for ACRE
payment purposes. Other terms that
[[Page 19186]]
may be used in other FSA or CCC programs differently than for DCP and
ACRE, and are therefore added in this rule, include ``contract
period,'' ``initial crop,'' ``planted and considered planted,'' and
``replacement crop.''
This rule removes a provision in Sec. 1412.45 that terminates base
acres on Federally owned land and prohibits the establishment of base
acres on such land. It was determined that the termination of base
acres on Federal land created an unintended adverse effect on farmers
and ranchers who lease Federal farmland. This rule amends the
regulations accordingly to reflect that determination. Not allowing
base acres in these instances would for example, negatively impact
family farms that were seized by the Army Corps of Engineers through
eminent domain and then leased back to the family after flood control
structures were installed. As required by the 2008 Farm Bill, it
remains the case that the government agencies are not, however,
eligible for farm payments.
This rule also amends provisions in Sec. Sec. 1412.41 and 1412.72
concerning the enrollment period for the ACRE program. The changes
reflect determinations made previously for the 2009 crop year that
allowed additional time for the start-up of the program.
In addition, Section 1101 of the 2008 Farm Bill specifically
prohibits DCP and ACRE program payments to producers on farms that have
10 or less total base acres of covered commodities or peanuts,
beginning with the 2009 crop year, except for farms owned by socially
disadvantaged or limited resource farmers. The current regulations
specify in Sec. 1412.51 that a producer on a farm with 10 or less base
acres will not be eligible to receive DCP or ACRE program payments
unless the farm is wholly owned by a socially disadvantaged farmer or
rancher or a limited resource farmer or rancher. In other FSA programs,
a 50 percent threshold has been used and FSA will use that same
threshold in Sec. 1412.51. The 2008 Farm Bill does not specify a
threshold and the new standard should provide greater opportunities for
socially disadvantaged or limited resource farmers to participate in
DCP and ACRE.
Section 1412.53 includes the 2008 loan rates for covered
commodities and peanuts and target prices for 2008 through 2012. That
section is amended in this rule to remove the loan rate for extra long
staple cotton, to incorporate the loan rates for 2008 dry peas,
lentils, and large and small chick peas, and to incorporate loan rates
for covered commodities and peanuts for the 2009 through 2012 crop
years. These are technical corrections; extra long staple cotton is not
a covered commodity, and the loan rates for 2009 to 2012 are specified
in the 2008 Farm Bill but were inadvertently not included in the
regulations in the December 29, 2008, final rule.
Section 1106 of the 2008 Farm Bill specifies that no penalty will
be assessed against a producer unless it is determined that a producer
knowingly and willingly falsified an acreage or production report.
Accordingly, Sec. 1412.61 is amended to add a paragraph that specifies
if a violation was not a knowing and willing falsification, payments
may still be made, based on determined acreage and production.
As a condition of payment eligibility, Sec. 1412.66 requires the
operator of a farm to accurately report acreage. Section 1412.66 also
provides that farms enrolled in the Planting Transferability Pilot
Project as specified in Sec. 1412.48 and farms enrolled in the ACRE
Program must submit an accurate report of production accompanied by
documentation acceptable to CCC. Section 1412.66 is being amended to no
longer require such extensive documentation in all cases, but only
where CCC in its discretion requires such documentation of that kind.
Producers will be able to certify production without accompanying
documentation, unless CCC determines such documentation is necessary.
This will lessen the burden on producers and only require additional
documentation in cases where there is a particular need for
documentation or where a spot check is being made. Producers are
required by Sec. 1412.67 to submit a notice of loss for both prevented
planting and low yield losses, unless the loss has already been
reported for the Noninsured Crop Disaster Assistance Program (NAP).
Section 1412.67 is being amended to eliminate the notice of loss
requirement for low yield losses and to require a notice of loss for
prevented planting only if a notice of such a loss for NAP (also
administered by FSA) has not already been filed. The regulations are
also being amended to remove a requirement that crop acreage that will
not be harvested must be left intact and appraised. The removal of this
requirement will allow producers to provide zero production reports
without an appraisal.
The amendments to Sec. Sec. 1412.66 and 1412.67 will allow
producers to certify production for both harvested and unharvested crop
acreage without having to submit documentation, unless CCC, at its
discretion, requests those records. Prior to this change, acceptable
production records (verifiable or reliable) were always required with
the certification. These amendments are intended to lessen the burden
on producers and on CCC. CCC has insufficient resources to appraise
each case of lost or zero production. Reporting and verifying loss
information that has already been reported for crop insurance or NAP
does not contribute to program effectiveness or efficiency.
Section 1412.77, ``Transfer of Land and Succession-in-Interest,''
specifies the requirements for transfers of land and successions-in-
interest to ACRE Program contracts. This section is being amended to
clarify that producers who obtain a share in a crop of covered
commodities or peanuts through a transfer of land or a succession-in-
interest are not automatically eligible for ACRE payment. To be
eligible for the ACRE Program, either as initial share interests or as
successors-in-interest, producers must sign an ACRE Program contract
during the contract period. This rule also amends Sec. 1412.73,
``Sharing of ACRE Payments,'' to clarify that each producer on a farm
must sign the ACRE Program contract for the farm to receive that
producer's share of any potential payment. This rule does not change
the requirement that once a farm has been enrolled in ACRE no one, even
independent successors, can participate on that farm on a non-ACRE
basis in DCP. Under ACRE, however, a portion of the direct DCP payments
can be made as specified in the 2008 Farm Bill and in the regulations.
DCP and ACRE Program contracts are annual contracts. However, Sec.
1412.78 specifies incorrectly that in the event that a contract is
terminated for a violation, the terminated acreage remains ineligible
for DCP and ACRE Program participation from the time of termination
through the 2012 crop year. That is not correct. The period of
ineligibility for violations of DCP or ACRE Program provisions cannot
exceed the contract period. Accordingly, Sec. 1412.78 is being
corrected to specify that terminated acreage will be ineligible for DCP
and ACRE Program participation from the time of termination until the
end of the annual contract period in which the violation occurred. Once
more, however, once a farm has a valid ACRE election the farm cannot
participate on a non-ACRE basis in the DCP. Terminating an annual DCP
or ACRE contract, for any reason, does not impact the ACRE election
under Sec. 1412.72.
[[Page 19187]]
Disaster Assistance, Market Assistance Loans, and Loan Deficiency
Payments Programs Clarifying Amendments
Sections 12033 and 15101 of the 2008 Farm Bill specify the
requirements for LFP and ELAP. The final rules for LFP and ELAP as
authorized by the 2008 Farm Bill were published in the Federal Register
on September 11, 2009 (74 FR 46666-46683).
This rule also amends the regulations in 7 CFR part 760, subpart D,
for LFP to clarify that eligible covered livestock are livestock that
would normally be grazing in that county during the grazing period,
rather than grazing on the exact day a drought began.
This rule makes clarifying amendments to the ELAP regulations in 7
CFR part 760, subpart C, to specify that producers are eligible for
payments based on fair market value of lost fish or honeybees. These
amendments are needed to clarify that producers who decide not to
replace fish or honeybees are eligible for payment based on the fair
market value of those losses, and do not need to provide documentation
as to actual replacement cost. This change is consistent with other
types of livestock loss payments as specified in other regulations in
part 760, which provide payment based on fair market value, rather than
documented actual replacement cost, and provide payment regardless of
whether or not the lost livestock is replaced.
This rule also amends the ELAP regulations specifying acceptable
documentation for the loss of honeybee colonies due to colony collapse
disorder (CCD). The amendment allows documentation by an independent
third party determined acceptable by FSA, or, for losses in 2008 and
2009, self-certification by the producer. The previous requirement for
certification by a registered entomologist, Cooperative Extension
Specialist, or Land Grant University is removed, because the exact
cause of CCD cannot be identified and such experts may be unwilling or
unable to certify when honeybee colony losses were specifically due to
CCD. Also, changes in the regulations reflect that a payment may be
made even if the lost bees are not replaced.
This rule also makes technical corrections to the regulations in 7
CFR part 1421 for Marketing Assistance Loans and Loan Deficiency
Payments to correct language in several provisions to be consistent
throughout the regulations. The MAL and LDP final rule as authorized by
the 2008 Farm Bill were published in the Federal Register on April 7,
2009 (74 FR 15644-15657). This rule removes a reference to
``individual'' and replaces it with a reference to ``person,'' to be
consistent with the rest of the part. Flaxseed was referenced in two
different paragraphs about determination of eligible commodity; the
incorrect reference in Sec. 1421.5 is removed with this rule. Other
minor technical corrections include correcting typos and correcting a
reference to authorized warehouses. Another technical change is an
amendment to language in Sec. 1421.104(a)(1) to remove language about
mandatory lien searches. Such searches are for the purpose of
protecting CCC's interests only and need not be addressed in the
regulations at all. Further, in the case of marketing loans for
commodities stored in a commercial warehouse, CCC's interest is usually
protected by possession of the warehouse receipt. As amended the rule
specifies simply that CCC may conduct lien searches and perfect a lien
under State Law as it deems warranted to protect its own interests.
This rule also makes clarifying amendments and technical
corrections to SURE. The final rule for SURE as authorized by the 2008
Farm Bill was published in the Federal Register on December 28, 2009
(74 FR 68480-68498) and implemented SURE in 7 CFR part 760, subpart G.
Originally the implementation plans for SURE was to have a fully
automated system; now the system will be manual. As a result, we have
reconsidered the information available and how best to administer SURE.
One of the key issues was weighting the counter-cyclical yield for
comparison to the weighted adjusted APH yield and weighted adjusted NAP
approved yield as applicable.
In Sec. 760.638(c), we specify that the ``counter-cyclical yield
for a crop on a farm will be weighted based on total planted and
prevented planted acres in the county for the current crop year.'' In a
fully automated system, we could have set it to automatically pull the
information required for the calculation. However, in a manual system,
it would be unnecessarily burdensome administratively. Therefore, to
ease the administrative burden, we are revising the regulation to not
specify how the counter-cyclical yield will be weighted and in the
short run this may simply be based on the DCP base acres on the farms
involved in the SURE farm. Under SURE, all of the producer's normal
(from an FSA administrative standpoint) ``farms'' (each of which may
have a separate schedule of yields) are treated as one SURE ``farm''--
therefore requiring weighting. The 2008 Farm Bill does not specify
precisely how these calculations will be made. The rule change improves
FSA's ability to make timely payments to farmers in SURE, which is
designed to counterbalance current market trends.
In the SURE final rule, a flowchart was published in the preamble
showing the SURE calculations. We realize that in the rule portion we
inadvertently left out a factor in the calculation. Therefore, we are
correcting Sec. 760.638(d)(2) to specify that in the case of crops
that were waived in for NAP or RMA coverage the weighted counter-
cyclical yield will be calculated as 65 percent of county expected
yield or counter-cyclical yield.
Eligibility of Foreign Persons Clarifying Amendment
This rule clarifies provisions that limit the eligibility of
foreign persons for FSA and CCC program payments in 7 CFR part 1400.
The regulations governing the eligibility of foreign persons for
payments are being amended to conform with the specific statutory
provisions providing for that limitation, as amended by the 2008 Farm
Bill.
Notice and Comment
These regulations are exempt from the notice and comment
requirements of the Administrative Procedure Act (5 U.S.C. 553), as
specified in section 1601(c) of the 2008 Farm Bill, which requires that
the regulations be promulgated and administered without regard to the
notice and comment provisions of section 553 of title 5 of the United
States Code or the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971, (36 FR 13804) relating to notices of proposed
rulemaking and public participation in rulemaking.
Executive Order 12866
The Office of Management and Budget (OMB) has designated this rule
as not significant under Executive Order 12866 and, therefore, OMB has
not reviewed this final rule.
Regulatory Flexibility Act
This rule is not subject to the Regulatory Flexibility Act since
CCC and FSA are not required to publish a notice of proposed rulemaking
for this rule.
Environmental Review
The environmental impacts of this rule have been considered in a
manner consistent with the provisions of the National Environmental
Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council
on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations
for compliance with NEPA (7 CFR part
[[Page 19188]]
799). FSA has determined that participation in acreage set-aside,
acreage allotment, and other similar programs to those in 7 CFR 1412
will not significantly affect the quality of the human environment (7
CFR part 799.9(d)). Therefore no environmental assessment or
environmental impact statement will be prepared.
Executive Order 12372
This program is not subject to Executive Order 12372, which
requires consultation with State and local officials. See the notice
related to 7 CFR part 3015, subpart V, published in the Federal
Register on June 24, 1983 (48 FR 29115).
Executive Order 12988
This rule has been reviewed under Executive Order 12988. This rule
relaxes some previous requirements and contains no provisions that are
retroactively more restrictive. It does not preempt State or local
laws, regulations, or policies unless they present an irreconcilable
conflict with this rule. Before any judicial action may be brought
regarding the provisions of this rule the administrative appeal
provisions of 7 CFR parts 11 and 780 must be exhausted.
Executive Order 13132
The policies contained in this rule do not have any substantial
direct effect on States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on State and local
governments. Therefore, consultation with the States is not required.
Executive Order 13175
The policies contained in this rule do not impose substantial
unreimbursed direct compliance costs on Indian Tribal governments or
have Tribal implications that preempt Tribal law.
Unfunded Mandates
This 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 government or the private sector.
In addition, CCC was not required to publish a notice of proposed
rulemaking for this rule. Therefore, this rule is not subject to the
requirements of sections 202 and 205 of UMRA.
Federal Assistance Programs
The title and number of the Federal assistance program, as found in
the Catalog of Federal Domestic Assistance, to which this final rule
applies are: Direct and Counter-Cyclical Program, 10.055. ELAP, LFP,
and SURE, 10.090. Commodity Loans and Loan Deficiency Payments, 10.051.
Paperwork Reduction Act
The regulations in this rule are exempt from the requirements of
the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in
section 1601(c)(2) of the 2008 Farm Bill, which provides that these
regulations be promulgated and administered without regard to the
Paperwork Reduction Act.
E-Government Act Compliance
CCC is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
List of Subjects
7 CFR Part 760
Dairy products, Indemnity payments, Pesticide and pests, Reporting
and recordkeeping requirements.
7 CFR Part 1400
Agriculture, Loan programs--agriculture, Conservation, Price
support programs.
7 CFR Part 1412
Cotton, Feed grains, Oilseeds, Peanuts, Price support programs,
Reporting and recordkeeping requirements, Rice, Soil conservation,
Wheat.
7 CFR Part 1421
Barley, Feed grains, Grains, Loan programs--agriculture, Oats,
Oilseeds, Peanuts, Price support programs, Reporting and recordkeeping
requirements, Soybeans, Surety bonds, Warehouses, Wheat.
0
For the reasons discussed above, this rule amends 7 CFR parts 760,
1400, 1412, and 1421 as follows:
PART 760--INDEMNITY PAYMENT PROGRAMS
0
1. The authority citation for part 760 continues to read as follows:
Authority: 7 U.S.C. 4501, 7 U.S.C. 1531, 16 U.S.C. 3801, note,
and 19 U.S.C. 2497; Title III, Pub. L. 109-234, 120 Stat. 474; Title
IX, Pub. L. 110-28, 121 Stat. 211, and Sec. 748, Pub. L. 111-80, 123
Stat. 2131.
0
2. Amend Sec. 760.203 as follows:
0
a. In paragraph (h), third sentence, add the word ``acceptable'' before
the word ``documentation'' and
0
b. In paragraph (h), remove the last sentence and add two sentences in
its place to read as set forth below.
Sec. 760.203 Eligible losses, adverse weather, and other loss
conditions.
* * * * *
(h)* * * Except for 2008 and 2009 honeybee losses, acceptable
documentation must include an acceptable colony collapse disorder
certification by an independent third party as determined by the Deputy
Administrator, plus any other documentation requested by FSA. For 2008
and 2009 honeybee losses such an independent certification is not
required in all cases, but rather a self-certification by the honeybee
producer as determined acceptable by the Deputy Administrator may be
allowed in addition to whatever other documentation might be requested.
* * * * *
0
3. Revise Sec. 760.206, paragraph (d), to read as follows:
Sec. 760.206 Notice of loss and application process.
* * * * *
(d) For the loss of honeybee colonies due to colony collapse
disorder, the participant must also provide acceptable documentation or
certification that the loss of the honeybee colony was due to colony
collapse disorder. Except for 2008 and 2009 honeybee colony losses,
acceptable documentation must include an independent third party
certification determined acceptable by the Deputy Administrator, plus
such additional information and documentation as may be requested. For
2008 and 2009 honeybee colony losses a self-certification may be
accepted by FSA together with any additional information demanded by
FSA as determined appropriate by the Deputy Administrator.
* * * * *
0
4. Revise Sec. 760.210, paragraphs (b) and (c), to read as follows:
Sec. 760.210 Honeybee payment calculations.
* * * * *
(b) An eligible honeybee producer may receive payments for honeybee
colony losses due to an eligible adverse weather or eligible loss
condition, as provided in Sec. 760.203(h), based on 60 percent of the
average fair market value for the number of honeybee colonies that were
damaged or destroyed due to an eligible adverse weather or eligible
loss condition, as computed using nationwide prices unless some other
[[Page 19189]]
price data is approved for use by the Deputy Administrator, for losses
in excess of normal honeybee mortality, as determined by the Deputy
Administrator.
(c) An eligible honeybee producer may receive payments for honeybee
hive losses due to an eligible adverse weather or eligible loss
condition, as provided in Sec. 760.203(h), based on 60 percent of the
average fair market value for the number of honeybee hives that were
damaged or destroyed due to an eligible adverse weather or eligible
loss condition, as computed using nationwide prices unless some other
price data is approved for use by the Deputy Administrator.
* * * * *
0
5. Revise Sec. 760.211, paragraph (b), to read as follows:
Sec. 760.211 Farm-raised fish payment calculations.
* * * * *
(b) An eligible producer of farm-raised game or sport fish may
receive payments for death losses of farm-raised fish due to an
eligible adverse weather or eligible loss condition, as provided in
Sec. 760.203(i), based on 60 percent of the average fair market value
of the game fish or sport fish that died as a direct result of an
eligible adverse weather or eligible loss condition, as computed using
nationwide prices unless some other price data is approved for use by
the Deputy Administrator.
* * * * *
Sec. 760.304 [Amended]
0
6. Amend Sec. 760.304 as follows:
0
a. In paragraph (a)(2), remove the words ``on the beginning date'' and
add, in their place, the words ``in the county''.
0
b. In paragraph (a)(2)(i), remove the words ``Of the qualifying drought
during'' and add, in their place, the word ``During''.
0
7. Revise Sec. 760.638, paragraphs (c) and (d)(2), to read as follows:
Sec. 760.638 Determination of SURE yield.
* * * * *
(c) The counter-cyclical yield for a crop on a SURE farm will be
weighted in such manner as FSA deems fit taking into account a desire
for a consistent system and FSA's ability to make timely yield
determinations.
(d)* * *
(2) The SURE yield will be the higher of the yield calculated using
the method in paragraph (d)(1) of this section or 65 percent of the
weighted counter-cyclical yield as determined in paragraph (c) of this
section.
* * * * *
PART 1400--PAYMENT LIMITATION AND PAYMENT ELIGIBILITY FOR 2009 AND
SUBSEQUENT CROP, PROGRAM, OR FISCAL YEARS
0
8. The authority citation for part 1400 continues to read as follows:
Authority: 7 U.S.C. 1308, 1308-1, 1308-2, 1308-3, 1308-3a, 1308-
4, and 1308-5.
0
9. Amend Sec. 1400.401 by revising paragraph (a) to read as follows:
Sec. 1400.401 Eligibility
(a) Subject to the conditions set out in paragraphs (b) and (c) of
this section, any person who is not a citizen of the United States or
an alien lawfully admitted into the United States for permanent
residence under the Immigration and Nationality Act (8 U.S.C. 1101-
1778) will be ineligible to receive any type of loans or payments made
available under Title I of the Food, Conservation, and Energy Act of
2008, the Agricultural Market Transition Act, the Commodity Credit
Corporation Charter Act (15 U.S.C. 714-714o), or subtitle D of Title
XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836), or under
any contract entered into under Title XII of that Act (16 U.S.C. 3801-
3845), with respect to any commodity produced, or land set aside from
production, on a farm that is owned or operated by such person, unless
such person is an individual who is providing land, capital, and a
substantial amount of personal labor in the production of crops on such
farm. Likewise, and subject to the same conditions, such persons may be
ineligible for payments under any other program which by its own
regulations specifically provides for such an ineligibility and adopts
these regulations.
* * * * *
PART 1412--DIRECT AND COUNTER-CYCLICAL PROGRAM AND AVERAGE CROP
REVENUE ELECTION PROGRAM FOR THE 2008 AND SUBSEQUENT CROP YEARS
0
10. The authority citation for part 1412 continues to read as follows:
Authority: 7 U.S.C. 7911-7918, 7951-7956, 8711-8719, 8751-8756,
and 8781; and 15 U.S.C. 714b and 714c.
0
11. Amend Sec. 1412.3 by adding definitions, in alphabetical order,
for ``ACRE guarantee price,'' ``ACRE plug yield,'' ``ACRE price,''
Actual farm production,'' ``Actual farm revenue,'' ``Actual farm
yield,'' ``Actual State yield,'' ``Actual State revenue,'' ``Actual
yield per planted acre,'' ``Benchmark farm yield,'' ``Benchmark State
yield,'' ``Contract period,'' ``Double-cropping,'' ``Farm ACRE
guarantee,'' ``Initial crop,'' ``Limited resource farmer,'' ``Medium
grain rice,'' ``Minimum and maximum guarantee,'' ``National loan
rate,'' ``Per acre producer-paid crop insurance premium,'' ``Planted
acres for a State,'' ``Planted and considered planted (P&CP),''
``Replacement crop,'' ``Reseeded or replanted crop,'' ``Socially
disadvantaged farmer or rancher,'' and ``State ACRE guarantee,'' to
read as follows:
Sec. 1412.3 Definitions.
* * * * *
ACRE guarantee price means the simple average, as determined by
CCC, of the national average market prices of the covered commodity or
peanuts for the most recent two crop years preceding the relevant
current crop year. For example, for the 2009 program the relevant crop
year is the 2009 crop year. Therefore, for the 2009 program, the ACRE
guarantee price for the covered commodity or peanuts is equal to the
simple average of the national average market prices of the covered
commodity or peanuts for the 2007 and 2008 crops.
ACRE plug yield means the resulting yield determined by taking the
applicable NASS county average yield for the covered commodity or
peanuts, by practice if applicable, and multiplying it by 95 percent.
The ACRE plug yield may be used by a farm in establishing an initial
benchmark farm yield or reporting actual production in accordance with
instructions issued by the Deputy Administrator. The ACRE plug yield is
also used on a farm for a covered commodity or peanuts in a year where
there are no acres of the covered commodity or peanuts planted. The
ACRE plug yield may be found on the FSA Web site at: http://www.fsa.usda.gov/dcp/ by clicking ``ACRE County Yields.'' ACRE plug
yields are used in benchmark farm yields. If the National Agricultural
Statistical Service (NASS) data is not available for a particular
practice of a covered commodity or peanuts from which an ACRE plug
yield can be established, the Deputy Administrator may establish an
ACRE plug yield for the practice of the covered commodity or peanuts
based a computation of multiplying 95 percent times the yield
determined based on production data available from FSA farm records in
the county, or in the event sufficient records do not exist, another
data source determined appropriate by the Deputy Administrator.
[[Page 19190]]
ACRE price means the higher of the following, as determined by CCC,
for the covered commodity or peanuts:
(1) The national average price received by producers during the 12-
month marketing year (as defined in this part) for the relevant current
crop of the covered commodity or peanuts (the relevant current crop for
a program year is the corresponding crop for commodity for that year--
for example, the current crop for the 2009 program is the 2009 crop),
or
(2) 70 percent of the marketing assistance loan rate for the
relevant current crop of the commodity under 7 U.S.C. 8731-8757.
Actual farm production means all of a farm's harvested and
appraised production, including grazed acres, of a covered commodity or
peanuts. Appraisals must be performed by appraisers acceptable to FSA.
Appraisals performed according to the Non-Insured Crop Disaster
Assistance Program (NAP) or crop insurance guidelines are generally
deemed acceptable to FSA for DCP and ACRE Program purposes.
Actual farm revenue means the per acre amount computed by
multiplying the actual farm yield, which is a per acre amount, of a
covered commodity or peanuts times the ACRE price for the relevant
current crop year. The relevant current crop year for these and other
purposes is the crop year that corresponds to the calendar year in
which the relevant program year ends. Therefore, for the 2009 contract
or 2009 program, the relevant crop year would be the 2009 crop (that
is, the crop considered to be the crop for the 2009 crop year).
Actual farm yield means for the relevant current crop year, the per
acre amount determined by dividing the actual farm production of a
covered commodity or peanuts by the farm's total planted and considered
planted acres of the covered commodity or peanuts.
Actual State yield means the State's per acre amount for the
relevant current crop year for a commodity determined by dividing the
actual production in the State of the covered commodity or peanuts by
the total planted acres of the covered commodity or peanuts in the
State.
Actual State revenue means the per acre amount for a covered
commodity or peanuts determined for the relevant current crop year by
multiplying the actual State yield by the covered commodity or peanuts
times the ACRE price.
Average yield per planted acre means the actual farm production of
a covered commodity or peanuts for a year divided by the farm's planted
acres.
* * * * *
Benchmark farm yield means, except as otherwise provided, a per
acre yield for a covered commodity or peanuts computed using the
Olympic average of the average yield per planted acre for the farm for
the commodity for the 5 most recent crop years. The term ``Olympic
average'' means that the highest and lowest per acre yields for the 5
years will be eliminated and the remaining annual entries will be
averaged. CCC may make such adjustments as it deems necessary to create
a fair yield for the farm so as to ensure the integrity of the ACRE
Program. For purposes of determining a benchmark farm yield, yields on
planted acres only will be considered except to the extent that the
farm does not have a sufficient history to make a fair yield
determination in which case a yield may be assigned by CCC.
Benchmark State yield means for a covered commodity or peanuts a
per acre yield computed using the Olympic average of the average yield
per planted acre for the State for the commodity for the 5 most recent
crop years. To the extent practicable, it will be calculated using data
from NASS. The benchmark State yield is used in determining the State
ACRE guarantee. CCC may make such adjustments in these yields as it
deems necessary to provide for a fair yield and to ensure the integrity
of the program.
* * * * *
Contract period means the compliance period set out for the
contract for the particular program year. The program year is
designated in item 1 of the contract. Contracts for different program
years will be referenced by their program year. Thus, for example, a
reference to the ``2009 contract'' means the contract for the 2009
program year and the relevant current crop for a program year is the
corresponding crop for that commodity. Therefore, the relevant current
crop for the 2009 program is, with respect to a particular commodity,
the 2009 crop. References to the ``contract'' period refer to the
compliance period for the particular program year. The compliance
periods for the various program years are as follows:
(1) For the 2009 contract (and therefore for the 2009 program), the
period that begins on October 1, 2008 and ends on September 30, 2009;
(2) For the 2010 contract, the period that begins on October 1,
2009 and ends on September 30, 2010;
(3) For the 2011 contract, the period that begins on October 1,
2010 and ends on September 30, 2011;
(4) For the 2012 contract, the period that begins on October 1,
2011 and ends on September 30, 2012.
* * * * *
Double-cropping means for covered commodities and peanuts,
notwithstanding the meaning in Sec. 1412.47(e) for fruits and
vegetables, the planting of a covered commodity or peanuts for harvest
in a crop year, in cycle with another covered commodity or peanuts on
the same acres for harvest in the same crop year in counties that have
been determined to be areas where there is determined to be
substantial, successful and long-term double cropping of the crop and
where the producer has followed customary production techniques and
planting deadlines as determined by CCC (that is, using techniques and
deadlines used by the majority of farmers in the region to double crop
the particular crops involved). In a county determined capable of
supporting such double-cropping the covered commodities or peanuts, as
determined by CCC, both an initial crop and a subsequent crop will be
considered planted or prevented planted acres for the purpose of
Subpart G of this part. Notwithstanding any of the provisions of Sec.
718.103, in those instances where the subsequently planted or approved
prevented planted covered commodity or peanuts cannot be recognized as
double-cropped acreage under this definition, the subsequently planted
covered commodity or peanuts will not be considered planted or
prevented planted for any purpose.
* * * * *
Farm ACRE guarantee means, for a crop year of a covered commodity
or peanuts, the per acre producer-paid crop insurance premium (if any)
added to the result of multiplying the benchmark farm yield, which is a
per acre amount, times the ACRE guarantee price. The farm ACRE
guarantee is used in determining whether a farm is eligible for ACRE
payments for a covered commodity or peanuts.
* * * * *
Initial crop means acreage of a covered commodity or peanuts
planted or approved as prevented planted for harvest as peanuts, grain,
or lint. The initial crop includes reseeded or replanted crop acreage.
Limited resource farmer means, as determined in accordance with
Sec. 1412.51, a farmer or rancher who meets both of the following
criteria:
[[Page 19191]]
(1) The person did not have, counting both direct and indirect
interests, total gross farm sales for all farms in which that person
has an interest of not more than the triggering level in both of the
two calendar years that precede the calendar year in which the contract
year begins. The triggering level is an indexed number that was
originally set at $100,000. Beginning in October 2004, that number has
been adjusted for inflation using the Prices Paid by the Farmer Index
compiled by NASS. The triggering level for the DCP or ACRE contract
will be the indexed number (see http://www.lrftool.sc.egov.usda.gov/tool.asp) as adjusted for the fiscal year that begins on the first day
of the contract period.
(2) The person's total household income is at or below the national
poverty level for a family of 4 or less than 50 percent of county
median household income in each of the two most recent calendar years
ending before the end of the program year, as CCC determines using U.S.
Commerce Department Data.
* * * * *
Medium grain rice means medium and short grain rice.
Minimum and maximum guarantee means, with respect to the State ACRE
guarantee for each of the 2010 through 2012 crop years, the adjusted
amounts that assure that the State ACRE guarantee for a program year
for a covered commodity or peanuts will not decrease or increase more
than 10 percent from the announced State ACRE guarantee for the
preceding program year.
National loan rate means the loan rate established as specified in
Sec. 1421.9 of this chapter.
* * * * *
Per acre producer-paid crop insurance premium means the insurance
premiums paid by all producers of a farm for insurance on a covered
commodity or peanuts, provided that at least some of the insured crop
acreage is subject to a DCP contract and ACRE contract, divided by the
total acres of the covered commodity or peanuts covered by the
insurance; regardless of whether or not all of the acres insured are
included on the farm's reported acreage for other programs, or are
subject to a DCP contract and ACRE contract. Fees for catastrophic risk
protection plan of insurance coverage or noninsured crop disaster
assistance program coverage are not per acre producer-paid crop
insurance premiums. Example: Producers A, B, and C have an interest in
barley on a farm and the farm is enrolled in ACRE. Producers A and B
paid crop insurance premiums totaling $800 on 100 insured barley acres.
Regardless of how many acres of barley are planted, the per acre
producer-paid crop insurance premium for barley is equal to $8.
Planted acres for a State means for:
(1) Corn, sorghum, barley, oats, and wheat, the sum of harvested
acres in a State, as reported by NASS and the sum of failed acres in a
State, as reported by producers to FSA.
(2) All other crops, the sum of planted acres in a State, as
reported by NASS.
(3) Crops where NASS data is not available, the planted acres as
determined by CCC using other sources.
Planted and considered planted (P&CP) means, with respect to an
acreage amount, the sum of the planted and prevented planted acres
approved by the FSA county committee on the farm for a crop. For the
purposes of this part, P&CP is limited to initially planted or
prevented planted crop acreage, except for crops planted in an approved
double-cropping sequence. Replacement crop acreage is not included as
P&CP.
* * * * *
Replacement crop means the planting or approved prevented planting
of any crop for harvest following the failed planting or prevented
planted acreage of a covered commodity or peanuts not in a recognized
double-cropping sequence (as specified in this section). Replacement
crops that are covered commodities or peanuts are not eligible for
planted and considered planted credit under this part and cannot
generate payments under this part.
Reseeded or replanted crop means the second planting of a covered
commodity or peanut crop on the same acreage after the first planting
of that same crop has failed.
Socially disadvantaged farmer or rancher means a farmer or rancher
who is a member of a socially disadvantaged group whose members have
been subjected to racial or ethnic prejudice because of their identity
as members of a group without regard to their individual qualities.
Gender is not included as a covered group. Socially disadvantaged
groups include the following and no others unless approved in writing
by the Deputy Administrator:
(1) American Indians or Alaskan Natives,
(2) Asians or Asian-Americans,
(3) Blacks or African-Americans,
(4) Hispanics or Hispanic-Americans, and
(5) Native Hawaiians or other Pacific Islanders.
State ACRE guarantee means the per acre amount for the crop which
is 90 percent of the benchmark State yield times the ACRE guarantee
price, subject to the minimum and maximum guarantee specified in these
regulations.
* * * * *
0
12. Amend Sec. 1412.41 as follows:
0
a. Revise paragraph (a)(1) and (a)(2)(i) to read as set forth below,
0
b. Amend paragraph (a)(3) by removing the words ``on or before June 1''
and adding, in their place, the words ``by the date specified in
paragraph (a)(2)(i) of this section'', and
0
c. Amend paragraph (b), in the first sentence, by removing the words
``on or before June 1 of the year of the contract'' and adding, in
their place, the words ``by the enrollment date specified in paragraph
(a)(2)(i) of this section''.
Sec. 1412.41 Direct and counter-cyclical program contract or ACRE
program contract.
(a) * * *
(1) With respect to fiscal year 2008 payments, CCC will, through
the date announced by CCC, entertain offers for DCP contracts by
eligible producers of covered commodities and peanuts. With respect to
fiscal year 2009 payments, CCC will entertain offers by eligible
producers for an annual DCP or ACRE program contract through August 14,
2009. With respect to fiscal years 2010 through 2012 payments, CCC will
annually allow offers for a DCP or ACRE program contract by eligible
producers on a farm having base acres with respect to a covered
commodity or peanuts, through June 1 of each such fiscal year.
(2)(i) Eligible producers must execute and submit a DCP or ACRE
program contract and furnish supportive and necessary contractual
documents to the county FSA office where the records for the program
farm are administratively maintained not later than August 14, 2009,
for 2009 fiscal year contracts and not later than June 1 of the
applicable year for 2010 through 2012 fiscal year contracts.
* * * * *
Sec. 1412.45 [Amended]
0
13. Amend Sec. 1412.45 by removing paragraph (d).
Sec. 1412.51 [Amended]
0
14. Amend Sec. 1412.51 as follows:
0
a. In paragraph (c), in the second sentence, remove the words ``wholly-
owned'' and add, in their place, the words ``at least 50 percent
owned'' and
0
b. In paragraph (c), in the third sentence, remove the words ``each
individual or entity with an interest in the entity must be a socially
disadvantaged or limited resource farmer or rancher '' and add, in
their
[[Page 19192]]
place, the words ``at least 50 percent of the ownership interest in the
entity must be socially disadvantaged or limited resource farmers or
ranchers''.
0
15. Amend Sec. 1412.53 as follows:
0
a. In paragraph (b)(1)(ii), remove the words ``2008 crop year'' and
add, in their place, the words ``2008 and 2009 crop years,''
0
b. Remove paragraph (b)(1)(ii)(G) and redesignate paragraphs
(b)(1)(ii)(H) through (b)(1)(ii)(K) as paragraphs (b)(1)(ii)(G) through
(b)(1)(ii)(J),
0
c. Redesignate paragraph (b)(1)(ii)(L) as paragraph (b)(1)(ii)(O),
0
d. Add paragraphs (b)(1)(ii)(K) through (b)(1)(ii)(N) to read as set
forth below,
0
e. Add paragraph (b)(1)(iii) to read as set forth below,
Sec. 1412.53 Counter-cyclical payment provisions.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(K) Dry Peas--$5.40/cwt. (2009 crop only).
(L) Lentils--$11.28/cwt. (2009 crop only).
(M) Small Chickpeas--$7.43/cwt. (2009 crop only).
(N) Large Chickpeas--$11.28/cwt. (2009 crop only).
* * * * *
(iii) For the 2010 through 2012 crop years the following rates:
(A) Wheat--$2.94/bu.
(B) Corn--$1.95/bu.
(C) Grain sorghum--$1.95/bu.
(D) Barley--$1.95/bu.
(E) Oats--$1.39/bu.
(F) Upland cotton--$0.52/lb.
(G) Long grain rice--$6.50/cwt.
(H) Medium grain rice--$6.50/cwt.
(I) Soybeans--$5.00/bu.
(J) Other oilseeds--$10.09/cwt.
(K) Dry Peas--$5.40/cwt.
(L) Lentils--$11.28/cwt.
(M) Small Chickpeas--$7.43/cwt.
(N) Large Chickpeas--$11.28/cwt.
(O) Peanuts--$355.00/ton.
* * * * *
0
16. Amend Sec. 1412.61 as follows:
0
a. In paragraph (a), in the first sentence, remove the words
``paragraph (b)'' and add, in their place, the words ``paragraphs (b)
and (c)'' and
0
b. Add paragraph (c) to read as set forth below.
Sec. 1412.61 Contract violations.
* * * * *
(c) If there is a violation of Sec. 1412.66 due to an inaccurate
report of either acreage or production and CCC determines that the
violation was not a knowing and willing falsification or
misrepresentation by producers on the contract under paragraph (a) of
this section, payments may be made to the producers specified on the
contract based on determined acreage and production.
Sec. 1412.66 [Amended]
0
17. Amend Sec. 1412.66 as follows:
0
a. In paragraph (b), first sentence, remove the word ``Producers'' at
the beginning of the sentence and add, in its place, the words ``As a
condition of eligibility for payments under this part, producers''
0
b. In paragraph (b), second sentence, remove the word ``The'' at the
beginning of the sentence and add, in its place, the words ``At the
discretion of CCC, the''.
0
18. Amend Sec. 1412.67 as follows:
0
a. Revise paragraphs (a) and (b) to read as set forth below,
0
b. In paragraph (c)(2), remove the words ``damage or loss'' and add, in
their place, the words ``prevented planting,'' and
0
c. Remove paragraph (d).
Sec. 1412.67 Notices of loss.
(a) If a notice of loss for prevented planting under a policy or
plan of insurance or pursuant to part 1437 of this chapter has not
already been filed, at least one producer having a share of a crop
intended to be planted pursuant to Sec. 1412.48 or a having a share of
a crop of a covered commodity or peanuts on a farm enrolled in the ACRE
program must provide a notice of loss for prevented planting to CCC in
the administrative FSA office for the farm, within 15 calendar days
after the final planting date.
(b) For a prevented planting notice filed in accordance with this
section, the notice of loss must include:
(1) Total acreage intended to be planted to the crop in the
administrative county;
(2) Total acreage planted by the producer to the crop in the
administrative county;
(3) Whether a purchase, delivery, or arrangement for purchase or
delivery was made for seed, chemicals, fertilizer, etc.; and
(4) When land preparation measures, for example, cultivation, were
completed, and what has been done or will be done with the acreage, for
example, abandoned, replanted, etc.
* * * * *
Sec. 1412.72 [Amended]
0
19. Amend Sec. 1412.72 as follows:
0
a. In paragraph (a), first sentence, remove the date ``June 1 of 2009''
and add, in its place, the date ``August 14, 2009,''
0
b. In paragraph (d) introductory text, remove the words ``June 1 of''
at the end,
0
c. In paragraph (d)(1), add the words ``August 14,'' at the beginning,
0
d. Redesignate paragraphs (d)(2) through (d)(4) as paragraphs (d)(2)(i)
through (d)(2)(iii),
0
e. Add new introductory text to paragraph (d)(2) to read as set forth
below, and
0
f. In paragraph (h), remove the words ``June 1'' both times they appear
and add, in their place, the words ``August 14, 2009, for the 2009
election period and June 1 in each of the 2010, 2011, and 2012 fiscal
years.''
Sec. 1412.72 Availability and election of alternative approach.
* * * * *
(d) * * *
(2) June 1 of:
* * * * *
0
20. Amend Sec. 1412.73 by adding paragraphs (c) and (d) to read as
follows:
Sec. 1412.73 Sharing of ACRE payments.
* * * * *
(c) Shares of ACRE payments will be determined based on shares
recorded on the report of acreage filed in accordance with Sec.
1412.66. Each eligible producer having a share of covered commodities
or peanuts planted or considered planted on a farm enrolled under an
ACRE program contract must do both of the following to be eligible for
their share of an ACRE payment:
(1) Unless otherwise already enrolled on the ACRE program contract
with a share of base acres on the farm, sign the ACRE program contract
during the contract period.
(2) Have the producer's share recorded on report of acreage filed
in accordance with part 718 of this title and Sec. 1412.66 of this
part.
(d) In a case where a producer has failed to sign an ACRE program
contract for the producer's reported share of covered commodities or
peanuts planted or considered planted on a farm enrolled in accordance
with this subpart, that producer's share will not receive any
consideration for payment and will not generate any payment to the
producer or to any other producer on the farm.
0
21. Amend Sec. 1412.77 as follows:
0
a. In paragraph (a), second sentence, add the word ``program'' between
the words ``ACRE'' and ``contract'', and
0
b. Add paragraph (f) to read as set forth below.
Sec. 1412.77 Transfer of land and succession-in-interest.
* * * * *
(f) Producers who have reported a share interest on an acreage
report of
[[Page 19193]]
covered commodities and peanuts planted or prevented from being planted
on a farm are not automatically considered successors. In accordance
with Sec. 1412.73, such producers who have not already signed the ACRE
program contract have until the end of the contract period to sign the
ACRE program contract or that share will not receive payment
consideration.
Sec. 1412.78 [Amended]
0
22. In Sec. 1412.78, paragraph (a)(2)(iii), remove the date ``2012''
and add, in its place, the words ``the end of the contract period''.
PART 1421--GRAINS AND SIMILARLY HANDLED COMMODITIES--MARKETING
ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR 2008 THROUGH 2012
0
23. The authority citation for part 1421 continues to read as follows:
Authority: 7 U.S.C. 7231-7237 and 7931-7936; 15 U.S.C. 714b and
714c, and7 U.S.C. 8731-8736.
Sec. 1421.4 [Amended]
0
24. Amend Sec. 1421.4 as follows:
0
a. In paragraph (a)(1), first sentence, remove the words ``an
individual'' and add, in their place, the words ``a person'' and
0
b. In paragraph (e)(1)(ii), remove the word ``corporate'' and add, in
its place, the word ``cooperate''.
Sec. 1421.5 [Amended]
0
25. Amend Sec. 1421.5 as follows:
0
a. In paragraph (c)(4), first sentence, remove the word ``respect'' and
add, in its place, the word ``regard'', and
0
b. In paragraph (c)(5), first sentence, remove the word ``flaxseed,''.
0
26, Amend 1421.104 as follows:
0
a. Revise paragraph (a)(1) to read as set forth below and
0
b. In paragraph (a)(2) remove the words ``paragraph (a)(1) of this
section'' and add, in their place, the words ``this part''.
Sec. 1421.104 Marketing assistance loan making.
(a)(1) CCC may conduct such lien searches, and may perfect its
interest in loan commodities under State law, as it deems to be in its
interest.
* * * * *
Sec. 1421.107 [Amended]
0
27. Amend Sec. 1421.107 as follows:
0
a. In paragraph (g)(1), remove the words ``under the U.S. Warehouse
Act'', and add, in their place, the words ``by an authorized warehouse
as specified in Sec. 1421.103(c)(1)'', and
0
b. In paragraph (g)(2), remove the reference to ``paragraph (f)(1) of
this section'' and add, in its place, a reference to ``paragraph (g)(1)
of this section.''
Signed in Washington, DC, on April 7, 2010.
Carolyn B. Cooksie,
Acting Administrator, Farm Service Agency, and Executive Vice
President, Commodity Credit Corporation.
[FR Doc. 2010-8308 Filed 4-13-10; 8:45 am]
BILLING CODE 3410-05-P