[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: 7CFR1412.702]

[Page 409]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1412_DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT 
 
 Subpart G_Establishment and Assignment of Peanut Base Acres and Yields 
                               for a Farm
 
Sec.  1412.702  Determination of average peanut yield.

    (a) The Deputy Administrator shall determine, for each historic 
peanut producer, the average yield for peanuts on each farm the historic 
peanut producer planted peanuts for harvest for the 1998 through 2001 
crop years, excluding any crop year in which the producer did not plant 
or was prevented from planting peanuts. Production information reported 
according to part 729 of this chapter will be used by the Deputy 
Administrator for determining yields under this section.
    (b)(1) For the purposes of determining the 4-year average yield for 
a historic peanut producer under paragraph (a) of this section, the 
historic peanut producer may elect to substitute for a farm for not more 
than 3 of the 1998 through 2001 crop years in which the historic peanut 
producer planted peanuts on the farm, the average harvested yield for 
peanuts produced in the county in which the farm is located for the 1990 
through 1997 crop years.
    (2) The average harvested yield for peanuts produced in a county 
which will be used in paragraph (b)(1) of this section shall be the NASS 
irrigated and non-irrigated yields or, in States and counties where the 
irrigated and non-irrigated NASS data is unavailable, the NASS blended 
yield for the county.
    (3) If NASS harvested peanut yield data is unavailable, for the 
purposes set forth in paragraph (b)(1) of this section, the harvested 
county average peanut yield, determined according to peanut production 
information reported according to part 729 of this chapter, shall be 
used.
    (c) The average harvested yield, to be used at the producer's option 
in paragraph (b)(1) of this section, shall be determined by calculating 
the weighted 7-year average for each type of yield for the years 1990 
through 1997 of:
    (1) The NASS harvested peanut irrigated yield for the county for 
each year;
    (2) The NASS harvested peanut non-irrigated yield for the county for 
each year;
    (3) The NASS harvested peanut blended yield for all counties where 
the yields in paragraphs (c)(1) and (c)(2) of this section are 
unavailable for each year for all acreage regardless of whether or not 
the acres were irrigated or nonirrigated;
    (4) The average yield for the county, determined in accordance with 
paragraph (b)(3) of this section for each year.