[Federal Register Volume 60, Number 165 (Friday, August 25, 1995)]
[Rules and Regulations]
[Pages 44255-44259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20782]



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DEPARTMENT OF AGRICULTURE

Consolidated Farm Service Agency

7 CFR Part 718

Commodity Credit Corporation

7 CFR Parts 1413, 1414, 1415, and 1416

RIN 0560-AE29


1995 Wheat, Feed Grains, Upland and Extra Long Staple Cotton, and 
Rice Price Support Programs

AGENCIES: Consolidated Farm Service Agency and Commodity Credit 
Corporation, USDA.

ACTION: Interim rule.

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SUMMARY: This interim rule sets forth amendments to: delete references 
to obsolete provisions; add references relating to current policy; set 
forth revisions for the Compliance Program, Acreage Reduction Program, 
(ARP), Options Pilot Program (OPP), and Voluntary Production Limitation 
Program (VPLP); and improve the operations of these programs for the 
1995 through 1997 crop years.

DATES: Interim rule effective August 25, 1995. Comments must be 
received on or before September 25, 1995 in order to be assured of 
consideration.

ADDRESSES: Submit comments to: Director, Compliance and Production 
Adjustment Division, Consolidated Farm Service Agency (CFSA), United 
States Department of Agriculture (USDA), PO Box 2415, Washington, DC 
20013-2415. Comments may be inspected at USDA, CFSA, 14th and 
Independence Avenue, South Agriculture Building, room 3640, Washington, 
DC 20013-2415 between 7:30 a.m. and 4:30 p.m., Monday through Friday, 
except holidays.

FOR FURTHER INFORMATION CONTACT: Jack Welch, Chief, Production 
Adjustment Branch, Cotton, Grain, and Rice Division, CFSA, USDA, PO Box 
2415, Washington, DC 20013-2415, telephone 202-720-9884.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget (OMB).

Federal Assistance Programs

    The titles and numbers of the Federal Assistance Programs, as found 
in the Catalog of Federal Domestic Assistance, to which this interim 
rule applies are Cotton Production Stabilization--10.052; Feed Grain 
Production Stabilization--10.055; Wheat Production Stabilization--
10.058; and Rice Production Stabilization--10.065.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this interim rule since neither CFSA nor the Commodity 
Credit Corporation (CCC) is required by 5 U.S.C. 553 or any other 
provision of the law to publish a notice of proposed rulemaking with 
respect to the subject matter of this rule.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an environmental assessment nor an 
Environmental Impact Statement is needed.

Executive Order 12778

    This interim rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this final rule preempt State laws to 
the extent such laws are inconsistent with the provisions of this rule. 
The provisions of this rule are not retroactive. Before any judicial 
action may be brought concerning the provisions of this rule, the 
administrative remedies at 7 CFR part 780 must be exhausted.

Executive Order 12372

    This program/activity is not subject to the provisions of Executive 
Order 12372, which requires intergovernmental consultation with State 
and local officials. See the Notice related to 7 CFR part 3015, subpart 
V, published at 48 FR 29115 (June 24, 1983).

Paperwork Reduction Act

    This interim rule amends the existing information collections as 
approved by OMB pursuant to the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.), under OMB control numbers 0560-0004 and 0560-
0092. These revised collections have been submitted to OMB for 
clearance.

Background

    This interim rule:
    (1) Sets forth policy changes for acreage measurement and 
tolerance;
    (2) Revises the eligibility provisions in the regulations for 
enrolling in an ARP to include the requirement for purchasing 
catastrophic crop insurance;
    (3) Revises the number of States and counties eligible to 
participate in the OPP; and
    (4) Makes minor editorial changes.

Discussion of Changes

A. 7 CFR part 718, Determination of Acreage and Compliance

Section 718.3  Definitions

    This section has been amended to delete the reference to 
administrative variance (AV) applying only to marketing quota crops.

Section 718.21  Measurement Services

    This section has been amended to provide that when a measurement 
service reveals acreage in excess of the permitted acreage plus 
available flex acreage with respect to other program crops enrolled in 
that crop's production adjustment program for that year, in order to 
keep the measurement service guarantee, the producer must: (1) Destroy 
the excess acreage and pay for an authorized employee of CFSA to verify 
destruction; or (2) pay for measurement service for an authorized 
employee of CFSA to verify destruction of an acreage of another crop on 
the farm that is enrolled in a production adjustment program equal to 
the excess acreage.

Section 718.22  Acreage Reports

    This section has been amended to delete the reference that provided 


[[Page 44256]]
acreage reports were not required for burley tobacco.

Section 718.40  Tolerance and Variance Rules Applicability

    This section has been amended to provide that administrative 
variance is applicable to all marketing quota crop acreages. Marketing 
quota crop acreages as determined in accordance with this part shall be 
deemed in compliance with the effective farm allotment or program 
requirement when determined acreage does not exceed the effective farm 
allotment by more than an administrative variance determined as 
follows:
    (1) For all kinds of tobacco subject to marketing quotas, except 
dark air-cured and fire-cured the larger of 0.1 acre or 2 percent of 
the allotment.
    (2) For dark air-cured and fire-cured tobacco, an acreage based on 
the effective acreage allotment.

B. 7 CFR Part 1413, Feed Grain, Rice, Upland and Extra Long Staple 
Cotton, Wheat, and Related Programs

Section 1413.8  Definitions

    This section has been revised to amend the definition of Industrial 
and other Crops (IOC's) to add millet.

Section 1413.26  Adjusting Crop Acreage Bases (CAB's)

    This section has been revised to provide that an operator or 
owner's request for a one-time forfeiture of all or part of a crop's 
CAB shall be allowed at any time before the end of the signup period. 
The operator or owner shall specify whether the reduction is for the 
current or subsequent crop year.

Section 1413.43  Planting Flexibility

    This section has been amended to provide that if spring and fall 
program crops are double cropped, eligible flex or idle acreage must be 
present on the farm during the appropriate fall or spring flex dates 
established by the State CFSA committee.

Section 1413.50  Requirements for Program Participation

    This section has been revised to provide that to be eligible to 
participate in an ARP, a producer must purchase at least the minimum 
catastrophic level of crop insurance for each crop of economic 
significance grown on each farm in the county in which the producer has 
an interest, if such insurance is available in the county for the crop, 
in accordance with part 400 of this chapter.

Section 1413.54  Acreage Reduction Program Provisions

    This section has been amended, for 1995 only, to allow producers to 
plant millet as one of the IOC's permitted on acreage designated as 
acreage conservation reserve (ACR) or conserving use (CU) for payment.

Section 1413.61  Eligible Land for ACR and CU for Payment Designation

    This section has been revised to provide that the Deputy 
Administrator, Farm Programs, may grant an exception to the minimum 
size and width requirements to allow producers to designate small areas 
of at least .1 (one-tenth) of an acre as ACR or CU for payment if the 
farm has been affected by excessive rainfall or flooding and if all 
other eligibility requirements are met.

Section 1413.64  Nationally Approved Cover Crops and Practices for ACR 
and CU for Payment Acreages

    This section has been revised to remove the exclusion of popcorn as 
an approved cover crop. Popcorn is an eligible cover crop on ACR and CU 
for payment. The section has also been revised to remove the program 
year designation for IOC's planted on ACR.

Section 1413.65  Locally Approved Cover Crops and Practices for ACR and 
CU for Payment

    This section has been amended to change the specified year for the 
programs.

C. 7 CFR Part 1414--Integrated Farm Management Program Option

Section 1414.27  Resource-Conserving Crops on ACR

    This section has been amended to remove the provision that barley, 
oats, and wheat may not be hayed or grazed after the small grain is 
harvested from the acreage.

Section 1414.30  Traditionally Underplanted Acreage and Reduction of 
Payment Acres

    This section has been amended to provide that traditionally 
underplanted acreage means 8 through 15 percent, as applicable, of the 
producer's permitted acreage for such year.

D. 7 CFR Part 1415, Options Pilot Program

Section 1415.9  Definitions

    The definition of ``agreement'' has been revised to delete the 
year.

Section 1415.13  Eligibility

    This section has been revised to change the program year; to add 
another county each in Kansas and North Dakota; to add three counties 
for corn and soft red winter wheat in Ohio, and to add three counties 
for corn, soybeans, and hard red winter wheat in Nebraska.

Section 1415.15  Agreements

    This section has been amended to revise the year for purchasing 
target price and loan rate put option contracts.

Section 1415.20  Premium and Incentive Payments

    This section has been amended to revise the year in reference to 
the acreage reduction program.

E. 7 CFR Part 1416, Voluntary Production Limitation Program

Section 1416.100  Eligible VPLP Counties
    This section has been amended to change the effective year for 
VPLP.

Section 1416.101  Basic Program Provisions

    This section has been amended to:
    (i) Revise the reference to the signup period for the ARP for 
enrollment into VPLP, and
    (ii) Require that producers must purchase at least the minimum 
catastrophic level of crop insurance for crops grown in the county in 
order to participate in VPLP, according to part 400 of this chapter.

Section 1416.103  Production Evidence for Actual Yields

    This section has been amended to provide that producers with an 
interest in enrolled crops on more than one farm shall certify the 
production from any farm not enrolled in VPLP and may be subject to a 
spot check for such certifications.

Section 1416.400  Program Payments and Price Support Loans and Loan 
Deficiency Payments

    This section has been amended to provide that producers of enrolled 
CAB's shall be eligible to earn deficiency payments on the lesser of 
the planted acres or the maximum payment acreage of such CAB's 
including CAB's planted to an enrolled wheat or feed grain crop 
different from the crop to which the CAB is assigned.

List of Subjects

7 CFR part 718

    Acreage allotments, Marketing quotas, Reporting and recordkeeping 
requirements.

7 CFR parts 1413 and 1414

    Acreage allotments, Cotton, Disaster assistance, Feed grains, Price 
support 

[[Page 44257]]
programs, Reporting and recordkeeping requirements, Rice, Soil 
conservation, wheat.

7 CFR part 1415

    Options pilot program.

7 CFR Part 1416

    Voluntary production limitation program.

    Accordingly, chapters VII and XIV of the Code of Federal 
Regulations are amended as follows:

PART 718--DETERMINATION OF ACREAGE AND COMPLIANCE

    1. The authority citation for 7 CFR part 718 continues to read as 
follows:

    Authority: 7 U.S.C. 1373 and 1374; 15 U.S.C. 714b and 714c.

    2. Section 718.3(b) is amended by revising the definition of 
administrative variance to read as follows:


Sec. 718.3  Definitions.

* * * * *
    (b) * * *
* * * * *
    Administrative variance (AV). The amount by which the determined 
acreage may exceed the effective allotment and be considered in 
compliance with program regulations.
* * * * *
    3. Section 718.21 is amended by revising paragraph (e) to read as 
follows:


Sec. 718.21  Measurement Services.

* * * * *
    (e) When a measurement service reveals acreage in excess of the 
permitted acreage plus available flex acreage with respect to other 
program crops enrolled in that crop's production adjustment program for 
that year by more than the allowable tolerance, the producer must do 
either of the following in order to keep the measurement service 
guarantee:


Sec. 718.22  [Amended]

    4. Section 718.22 is amended by removing paragraph (d) and 
redesignating paragraphs (e), (f), and (g) as paragraphs (d), (e), and 
(f).
    5. Section 718.40 is amended by removing paragraphs (a)(1), (b)(3), 
and (c)(1), redesignating paragraphs (a)(2) as (a)(1), (b)(4) as 
(b)(3), respectively, and revising paragraph (c) introductory text, 
(c)(1) and (c)(2), introductory text, to read as follows:


Sec. 718.40  Tolerance and variance rules applicability.

    (a) * * *
    (b) * * *
    (c) Administrative variance is applicable to all marketing quota 
crop acreages. Marketing quota crop acreages as determined in 
accordance with this part shall be deemed in compliance with the 
effective farm allotment or program requirement when determined acreage 
does not exceed the effective farm allotment by more than an 
administrative variance determined as follows:
    (1) For all kinds of tobacco subject to marketing quotas, except 
dark air-cured and fire-cured the larger of 0.1 acre or 2 percent of 
the allotment.
    (2) For dark air-cured and fire-cured tobacco, an acreage based on 
the effective acreage allotment as provided in the table as follows:
* * * * *

PART 1413--FEED GRAIN, RICE, UPLAND AND EXTRA LONG STAPLE COTTON, 
WHEAT AND RELATED PROGRAMS

    6. The authority citation for part 1413 continues to read as 
follows:

    Authority: 7 U.S.C. 1308, 1308a, 1309, 1441-2, 1444-2, 1444f, 
1445b-3a, 1461-1469; 15 U.S.C. 714b and 714c.

    7. Section 1413.8 is amended by revising the definition of 
industrial and other crops to read as follows:


Sec. 1413.8  Definitions.

* * * * *
    Industrial and other crops (IOC's) are: castor beans, chia, crambe, 
crotalaria, cuphea, guar, guayule, hesperaloe, kenaf, lesquerella, 
meadowfoam, milkweed, millet, plantago ovato, and sesame, or other 
crops as designated by the Secretary. Individual State CFSA committees 
may remove individual crops of IOC's from the list permitted in such 
State.
* * * * *
    8. Section 1413.26 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 1413.26  Adjusting CAB's.

    (a)(1) A one-time forfeiture of all or a portion of a farm's CAB 
shall be allowed at the request of the owner and operator if the 
request for the permanent base reduction is filed not later than the 
end of the ARP signup period. Producers requesting such forfeiture 
shall designate whether the reduction shall apply for the current year 
or the subsequent year.
* * * * *
    9. Section 1413.43 is amended by revising subparagraph (h)(1) to 
read as follows:


Sec. 1413.43  Planting flexibility.

* * * * *
    (h)(1) Acreages that are flexed according to this section may be 
double cropped in accordance with Sec. 1413.24(e). State committees 
will establish beginning and ending flex dates for spring and fall 
program crops. If such acreages are double cropped, eligible flex 
acreage or idle acreage must be present on the farm during the 
appropriate fall or spring flex dates established by the State 
committee.
* * * * *
    10. In Sec. 1413.50 paragraphs (a) through (c) are redesignated as 
paragraphs (b) through (d), and a new paragraph (a) is added to read as 
follows:


Sec. 1413.50  Requirements for program participation.

    (a) With respect to a crop for which an ARP is announced, to be 
eligible for deficiency payments and price support loans and purchases, 
a producer, in accordance with part 400 of this chapter, must obtain at 
least the minimum catastrophic level of insurance for each crop of 
economic significance grown on each farm in the county in which the 
producer has an interest, if such insurance is available in the county 
for the crop.
* * * * *
    11. Section 1413.54 is amended by revising paragraphs (c)(1) and 
(4) to read as follows:


Sec. 1413.54  Acreage Reduction Program provisions.

* * * * *
    (c)(1) (i) Acreage designated as ACR under the 1991, 1992, and 1993 
wheat, feed grain, upland cotton, and rice programs may not be devoted 
to other program crops and must be devoted to approved uses as 
otherwise provided in this part.
    (ii) Acreage designated as ACR under the 1991, 1992, and 1993 
wheat, feed grain, upland cotton, and rice programs may not be devoted 
to industrial and experimental crops.
    (iii) Acreage designated as ACR under the 1994 wheat, feed grain, 
upland cotton, and rice programs may be devoted to castor beans, chia, 
crambe, crotalaria, cuphea, guar, guayule, hesperaloe, Kenaf, 
lesquerella, meadowfoam, milkweed, plantago ovato, and sesame.
    (iv) Acreage designated as ACR under the 1995 wheat, feed grain, 
upland cotton, and rice programs may be devoted to castor beans, chia, 
crambe, crotalaria, cuphea, guar, guayule, hesperaloe, kenaf, 
lesquerella, meadowfoam, milkweed, millet, plantago avato, and sesame. 
The State CFSA committee may, prior to signup, 

[[Page 44258]]
remove individual crops from the list permitted in their State.
* * * * *
    (4) (i) Acreage designated as CU for payment acreage under the ``0/
92'' and ``50/92'' provisions of the 1992 and 1993 wheat, feed grain, 
upland cotton, and rice programs as provided in Secs. 1413.41 and 
1413.42 may not be planted to industrial, experimental, or other crops 
except as provided in paragraph (c)(2) of this section.
    (ii) Acreage designated as CU for payment acreage under the ``0/
85'' and ``50/85'' provisions of the 1994 wheat, feed grain, upland 
cotton, and rice programs as provided in Secs. 1413.41 and 1413.42 may 
plant castor beans, chia, crotalaria, cuphea, guar, guayule, 
hesperaloe, kenaf, lesquerella, meadowfoam, milkweed, plantago ovato, 
and other crops as provided in paragraph (c)(2) of this section.
    (iii) Acreage designated as CU for payment under the ``0/85'' and 
``50/85'' provisions of the 1995 wheat, feed grain, upland cotton, and 
rice programs as provided in Secs. 1413.41 and 1413.42 may plant castor 
beans, chia, crotalaria, cuphea, guar, guayule, hesperaloe, kenaf, 
lesquerella, meadowfoam, milkweed, millet, plantago ovato, and other 
crops as provided in paragraph (c)(2) of this section. The State CFSA 
committee may, prior to program signup, remove individual crops from 
the list permitted in their State.
* * * * *
    12. Section 1413.61 is amended by adding a new paragraph (a)(5) to 
read as follows:


Sec. 1413.61  Eligible land for ACR and CU for payment designation.

    (a) * * *
    (5) Because of excessive rainfall and flooding, the Deputy 
Administrator, Farm Programs, may authorize an exception to the minimum 
size and width provisions as provided in paragraph (b)(1)(i) of this 
section, if such exception is requested by the CFSA State executive 
director. If an exception is authorized, producers may designate as ACR 
or CU for payment small areas of at least .1 (one-tenth) an acre in 
size, if all other eligibility requirements are met, and because of 
excessive rainfall and flooding, either of the following applies:
    (i) Such producers have an approved ASCS-574, Application for 
Disaster Credit, on file in the county CFSA office, for prevented 
planting or failed acreage of the crop; or
    (ii) The county committee determines, on a farm-by-farm basis, that 
the producers on the farm were forced to change planting patterns.
* * * * *
    13. Section 1413.64 is amended by revising paragraphs (a), 
introductory text, (a)(1) and (d) to read as follows:


Sec. 1413.64  Nationally approved cover crops and practices for ACR and 
CU for payment acreages.

    (a) All ACR acreage that is required to have a cover crop 
established must have a nationally approved cover practice installed. 
The following are nationally approved cover crops and practices for ACR 
and CU for payment acreage:
    (1) Annual, biennial, or perennial grasses and legumes, including 
sweet sorghums, sorghum grass crosses, and sudans, excluding soybeans, 
corn, sweet corn, grain sorghum, cotton, fruits, and vegetables.
* * * * *
    (d) Acreage designated as ACR or CU for payment under the 1995 
wheat, feed grain, upland cotton, and rice programs may be planted to 
IOC's.
    14. Section 1413.65 is amended by revising the introductory text of 
paragraph (g) to read as follows:


Sec. 1413.65  Locally approved cover crops and practices for ACR and CU 
for payment acreages.

* * * * *
    (g) With respect to upland cotton CAB's enrolled in any of the 1995 
through 1997 ARP's, the production of black-eyed peas shall be allowed 
on up to 50 percent of the required ACR and CU for payment acreage, 
subject to the following restrictions:
* * * * *

PART 1414--INTEGRATED FARM MANAGEMENT PROGRAM OPTION

    15. The authority citation for Part 1414 continues to read as 
follows:

    Authority: 7 U.S.C. 5822.

    16. Section 1414.28(a) is revised to read as follows:


Sec. 1414.28  Resource-Conserving Crops on payment acres.

    (a) Program payments with respect to acreage enrolled in the 
program shall not be paid to a producer if such producer hays or grazes 
such acreage (excluding acreage designated as ACR) during the 5-month 
period in which haying and grazing of conserving use acres is not 
allowed under the provisions of Sec. 1413.66 of this chapter, unless 
the crop planted on such acreage includes a small grain and the 
producer harvests the small grain crop in kernel form.
* * * * *
    17. Section 1414.30(b)(1)(i)(C) is revised to read as follows:


Sec. 1414.30  Traditionally underplanted acreage and reduction of 
payment acres.

* * * * *
    (b)(1)(i) * * *
    (C) For participating crops, the part of the CAB subject to the 
required ACR. If the producer is using the provisions set forth in 
Secs. 1413.41 or 1413.42 of this chapter, traditionally underplanted 
acreage means 8 through 15 percent, as applicable, of the producer's 
permitted acreage for such year.
* * * * *

PART 1415--OPTIONS PILOT PROGRAM

    18. The authority citation for Part 1415 continues to read as 
follows:

    Authority: 7 U.S.C. 1421 note; 15 U.S.C. 714b and 714c.

    19. Section 1415.9 is amended to revise the definitions of 
``Agreement'' and ``Program'' to read as follows:
Sec. 1415.9  Definitions.

* * * * *
    Agreement means form CCC-300, Options Program Agreement.
* * * * *
    Program means the Options Pilot Program.
* * * * *
    20. Section 1415.13 is amended by revising paragraph (a)(1) (i) 
through (iii) and by adding (a)(1)(iv) and (a)(1)(v) to read as 
follows:


Sec. 1415.13  Eligibility.

    (a)(1) * * *
    (i) 1995 corn and soybeans in Champaign, Logan, and Shelby Counties 
in Illinois, and Buffalo, Hamilton, and Nemaha counties in Nebraska;
    (ii) 1995 corn in Carroll, Clinton, and Tippecanoe Counties in 
Illinois, Boone, Grundy, and Hardin Counties in Iowa, and Auglaize, 
Darke, and Wood Counties in Ohio.
    (iii) 1995 hard red winter wheat in Ford, Sumner, and Thomas 
Counties in Kansas, and Buffalo, Hamilton, and Nemaha Counties in 
Nebraska,
    (iv) 1995 hard red spring wheat in Barnes, Cass, and Grand Forks 
Counties in North Dakota, and
    (v) 1995 soft red winter wheat in Auglaize, Darke, and Wood 
counties in Ohio.
* * * * *
    21. Section 1415.15 is amended by revising paragraphs (b)(1)(ii), 
(2)(i) through (2)(v), (e), the first sentence of paragraph (f) and 
paragraph (h) to read as follows:

[[Page 44259]]



Sec. 1415.15  Agreements.

* * * * *
    (b) * * *
    (1) (i) * * *
    (ii) For the target price equivalent strike price level for corn, 
purchase at least one December 1995 CBOT put option on or before June 
15, 1995; for wheat in Kansas and Nebraska, purchase at least one 
September 1995 KCBOT put option on or before May 15, 1995; for wheat in 
North Dakota, purchase at least one September 1995, MGE put option on 
or before May 15, 1995; and for wheat in Ohio, purchase at least one 
September 1995 CBOT put option on or before May 15, 1995. * * *
    (2) (i) For price support participation, purchase at least one 
March 1996 CBOT put option at a strike price equivalent to the county 
price support price for corn;
    (ii) For soybeans, purchase at least one March 1996 CBOT put option 
contract at a strike price equivalent to the county soybean price 
support price;
    (iii) For wheat producers in Kansas and Nebraska, purchase at least 
one December 1995 KCBOT put option at a strike price equivalent to the 
county price support price for wheat;
    (iv) For wheat producers in North Dakota, purchase at least one 
December 1995 MGE put option at a strike price equivalent to the county 
price support price for wheat;
    (v) For wheat producers in Ohio, purchase at least one December 
1995 CBOT put option at a strike price equivalent to the county price 
support price for wheat;
* * * * *
    (e) A producer must have a corn or wheat, respectively, crop 
acreage base in order to participate in the program at the target price 
strike price level for corn or wheat. However, a producer planting corn 
on a farm with a grain sorghum crop acreage base, who reports that such 
acreage is corn for purposes of participating in the acreage reduction 
program for grain sorghum, may participate in the Options Program at 
the price support strike price level for corn.
    (f) With respect to each producer, the maximum quantity eligible 
for target price put options is limited to the quantity determined by 
multiplying the participant's production adjustment payment acreage 
times the crop payment yield. * * *
    (g) * * *
    (h) If a producer enrolled in the program is not in compliance with 
the provisions of the production adjustment program for wheat or corn, 
as applicable, the producer will be required to repay any premiums and 
incentive payments made, in addition to any interest determined in 
accordance with the provisions of such program agreement.
    22. Section 1415.20 is amended by revising paragraphs (f) and (g) 
to read as follows:


1415.20  Premium and incentive payments.

* * * * *
    (f) CCC will collect the excess premium issued at the time the 
actual payment acreage is reported by the producer, and no incentive 
payment will be issued with respect to the overstated acreage if, for 
target price participation, the acreage enrolled in the production 
adjustment program which is used in determining deficiency payments is 
less than the intended payment acreage specified in the agreement. 
However, the producer will be allowed to keep the put option with 
respect to the additional bushels.
    (g) The producer will not be allowed to increase the quantity of 
the commodity enrolled in the program if, for target price 
participation, the acreage enrolled in the production adjustment 
program, which is used in determining deficiency payments, is more than 
the intended payment acreage specified in the agreement.
* * * * *

PART 1416--VOLUNTARY PRODUCTION LIMITATION PROGRAM

    23. The authority citation for Part 1416 continues to read as 
follows:

    Authority: 7 U.S.C. 1444f, 1445b-3a, 15 U.S.C. 714b and 714c.

    24. Section 1416.100(a) is amended by revising the introductory 
text to read as follows:


Sec. 1416.100  Eligible VPLP Counties.

    (a) The VPLP shall be effective for the 1995 crops of wheat and 
feed grains in:
* * * * *
    25. Section 1416.101 is amended by revising paragraph (a) to read 
as follows:


Sec. 1416.101  Basic program provisions.

    (a)(1) The enrollment period for this program will coincide with 
the period established for the Acreage Reduction Program (ARP) signup, 
which will be January 30 through May 31, 1995.
    (2) In order to participate in VPLP, a producer must purchase at 
least the minimum catastrophic level of crop insurance, according to 
part 400 of this chapter, for each crop of economic significance grown 
on each farm in the county in which the producer has an interest, if 
such insurance is available in the county for the crop.
* * * * *
    26. Section 1416.103 is amended by revising paragraphs (b) and (e) 
to read as follows:

Sec. 1416.103  Production evidence for actual yields.

* * * * *

    (b) Producers with an interest in enrolled crops on more than one 
farm shall certify the production from any farm not enrolled in VPLP 
and may be subject to a spotcheck for such certifications. * * *

    (e) (1) Documents showing the amount of production shall be 
reviewed to determine moisture content and dockage associated with the 
production. If the document does not show that the production has been 
reduced to standard moisture levels and shows:

    (i) Specific moisture that is greater than standard;

    (ii) Dockage; or

    (iii) Both excess moisture and dockage, the net amount shall be 
adjusted on standard moisture levels and applicable dockage standards 
as determined by CCC.

    (2) [Reserved]

* * * * *

    27. Section 1416.400 is amended by revising paragraph (b) to read 
as follows:

Sec. 1416.400  Program payments and price support loans and loan 
deficiency payments.

* * * * *

    (b) Producers of enrolled CAB's shall be eligible to earn 
deficiency payments on the number of acres planted to such CAB's or the 
maximum payment acres for the CAB's including CAB's planted to an 
enrolled wheat or feed grain crop different from the CAB assigned to 
the crop.

    Signed at Washington, DC, on August 16, 1995.

Bruce R. Weber,

Acting Administrator, Consolidated Farm Service Agency and Acting 
Executive Vice President, Commodity Credit Corporation.

[FR Doc. 95-20782 Filed 8-24-95; 8:45 am]

BILLING CODE 3410-05-P