[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1412.103] [Page 389-390] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1412_DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT Subpart A_General Provisions Sec. 1412.103 Definitions. The definitions set forth in this section shall be applicable for all purposes of administering the DCP. The terms defined in part 718 of this title and part 1400 of this chapter shall also be applicable, except where those definitions conflict with the definitions set forth in this section. Base acres means the number of acres established with respect to a covered commodity on a farm by the election made by the owner of the farm in accordance with subpart B of this part. Base acres for peanuts means the number of acres assigned to a farm by historic peanut producers in accordance with subpart G of this part. Contract means the CCC-approved standard, uniform forms and appendixes specified by CCC which constitute the agreement for participation in the Direct and Counter-Cyclical Program, and the 2002 Peanut Direct and Counter-Cyclical Program. Counter-cyclical payment means a payment made to eligible producers on a farm in accordance with subpart E of this part for covered commodities and peanuts and subpart G of this part for 2002 historic peanut producers. Covered commodity means wheat, corn, grain sorghum, barley, oats, upland cotton, rice, soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, and other oilseeds as determined by the Secretary. DCP cropland means DCP cropland as defined in part 718 of this title. Deputy Administrator means the Deputy Administrator for Farm Programs, FSA, or a designee. Direct payment means a payment made to eligible producers on a farm for peanuts and covered commodities in accordance with subpart E and for 2002 historic peanut producers under subpart G. Dry peas means Austrian, wrinkled seed, yellow, Umatilla, and green, excluding peas grown for the fresh, canning, or frozen market. Effective price means the price calculated by the Secretary in accordance with Sec. 1412.503 for covered commodities and peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. Excess base acres means the number of base acres established on the farm that exceeds the total 2002 Production Flexibility Contract acres on the farm established under the Federal Agriculture Improvement and Reform Act of 1996. Historic peanut producer means a producer on a farm in the United States that planted or was prevented from planting peanuts during any or all of the 1998 through 2001 crop years. Marketing year means the 12-month period beginning in the calender year the crop is normally harvested as follows: (1) Barley, oats, wheat, canola, flax, and rapeseed: June 1-May 31; [[Page 390]] (2) Upland cotton, peanuts, and rice: August 1-July 31; and (3) Corn, grain sorghum, soybeans, sunflowers, safflower, and mustard: September 1-August 31. Other oilseeds means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or, if determined and announced by CCC, another oilseed. Payment acres means: (1) For the 2002 crop year, 85 percent of the average acres determined in accordance with Sec. 1412.701 for a historic peanut producer. (2) For the 2003 through 2007 crop years, 85 percent of the base acres for peanuts assigned to a farm in accordance with Sec. 1412.703. (3) For the 2002 through 2007 crop years, 85 percent of the base acres of a covered commodity on a farm, as established in accordance with subpart B. Payment yield means: (1) For peanuts, the yield determined in accordance with Sec. 1412.702. (2) For covered commodities, the yield established in accordance with subpart C for a farm for a covered commodity. Prevented planted means, for the purpose of establishing base acres under Sec. 1412.201, the inability to plant a crop with proper equipment during the established planting period for the crop or commodity. A producer must prove that the producer intended to plant the crop and that such crop could not be planted due to a natural disaster rather than managerial decisions. The natural disaster that caused the prevented planting must have occurred during the established planting period for the crop. Target price means, for peanuts, the price per ton; and for covered commodities, the price per bushel (or other appropriate unit in the case of upland cotton, rice, and other oilseeds) used to determine the payment rate for counter-cyclical payments. Updated payment yield means the payment yield of covered commodities, elected by the owner of a farm under Sec. 1412.303, to be used in calculating the counter-cyclical payments for the farm. [67 FR 64751, Oct. 21, 2002, as amended at 68 FR 37939, June 26, 2003]