[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1437.201]

[Page 625]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1437_NONINSURED CROP DISASTER ASSISTANCE PROGRAM--Table of Contents
 
      Subpart C_Determining Coverage for Prevented Planted Acreage
 
Sec. 1437.201  Prevented planting acreage.


    (a) In addition to the provisions of this section, the provisions of 
Sec. 718.103 of this title shall apply.
    (b) When determining losses under this section:
    (1) Producers must be prevented from planting more than 35 percent 
of the total eligible acreage intended for planting to the eligible crop 
and in the case of multiple planting, more than 35 percent of the total 
eligible acres intended to be planted within the applicable planting 
period.
    (2) Prevented planted acreage will be considered separately from 
low-yield losses of planted acreage of the same crop.
    (c) Acreage and units ineligible for prevented planting coverage 
includes, but is not limited to:
    (1) Value-loss crops, including, but not limited to, Christmas 
trees, aquaculture, and ornamental nursery;
    (2) Tree crops and other perennials, unless:
    (i) The producer can prove resources unique to the planting of tree 
crops and other perennials were available to plant, grow, and harvest 
the crop, as determined by CCC; and
    (ii) CCC has approved the planting period for the crop;
    (3) Uninsured crop acreage that is unclassified for insurance 
purposes;
    (4) Any acreage on which a crop was harvested, hayed, or grazed 
during the crop year;
    (5) Acreage of which the producer or any other person received a 
prevented planted payment for any crop for the same acreage, excluding 
share arrangements; and
    (6) Acreage planted during the late-planting period.

[71 FR 13746, Mar. 17, 2006]