[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: 7CFR1412.703]

[Page 409-410]
 
                          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.  1412.703  Assignment of average peanut yields and average peanut 

acreages to farms.

    (a) The Deputy Administrator shall give each historical peanut 
producer an opportunity to assign the average peanut yield determined in 
accordance with Sec.  1412.702 and average acreage determined in 
accordance with Sec.  1412.701 for each farm of the historic peanut 
producer to cropland on that farm or another farm in the same State or a 
contiguous State.
    (b) Notwithstanding paragraph (a) of this section, the average 
acreage determined under Sec.  1412.701 for a farm may be assigned to a 
farm in a contiguous state only if either of the following apply:
    (1) The historic peanut producer making the assignment produced 
peanuts in that State during at least one of the 1998 through 2001 crop 
years; or

[[Page 410]]

    (2) As of March 31, 2003, the historic peanut producer is a producer 
on a farm in that State.
    (c) The Deputy Administrator shall provide notice to historic peanut 
producers regarding the opportunity to assign average peanut yields and 
average acreages to farms under paragraph (a) of this section. The 
notice shall provide the following information:
    (1) Notice that the opportunity to make the assignments is being 
provided only once;
    (2) A description of the limitations in paragraph (b) of this 
section on their ability to make their assignments; and
    (3) Information regarding the manner in which the assignments must 
be made and the time periods and manner in which notice of the 
assignments must be submitted to the Deputy Administrator.
    (d) Not later than March 31, 2003, an historic peanut producer shall 
submit to the Deputy Administrator notice of the assignments made by the 
producer under this section. If a historic peanut producer fails to 
submit such notice by that date, that base and yield shall be assigned 
to the most recent farm associated with such base and yield, as 
determined by FSA records.
    (e) The average of all yields assigned by a historic peanut producer 
under paragraph (a) of this section to a farm shall be considered to be 
the payment yield for that farm for the purpose of making direct and 
payments and counter-cyclical payments under this part, beginning with 
crop year 2003.
    (f) The total number of acres assigned by historic peanut producers 
under paragraph (b) of this section to a farm shall be considered to be 
the farm's base acres for peanuts for the purpose of making direct 
payments and counter-cyclical payments under this part, beginning with 
crop year 2003.

[67 FR 64751, Oct. 21, 2002, as amended at 68 FR 37939, June 26, 2003; 
68 FR 67939, Dec. 5, 2003]