[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Rules and Regulations]
[Pages 61470-61474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24816]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1412

RIN 0560-AG71


Peanut Quota Buyout Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

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SUMMARY: This rule provides regulations for a peanut quota buyout 
program as required by Title I of the Farm Security and Rural 
Investment Act of 2002 (the 2002 Act). Other provisions of the 2002 Act 
will be implemented under separate rules. This rule will provide 
eligible peanut quota holders compensation for the lost value of their 
quota.

EFFECTIVE DATE: September 27, 2002.

FOR FURTHER INFORMATION CONTACT: Lynn Tjeerdsma, Production, 
Emergencies and Compliance Division, Farm Service Agency, United States 
Department of Agriculture (USDA), Stop 0517, 1400 Independence Ave, 
SW., Washington, DC 20250-0517. Phone: (202) 720-6602. E-mail: [email protected]. Persons with disabilities who require 
alternative means for communication (Braille, large print, audio tape, 
etc.) should contact the USDA Target Center at (202) 720-2600 (voice 
and TDD).

SUPPLEMENTARY INFORMATION:

Notice and Comment

    Section 1601(c) of the 2002 Act requires that the regulations to 
implement Title I of the 2002 Act are to be promulgated without regard 
to the notice and comment provisions of 5 U.S.C. 553 or the Statement 
of Policy of the Secretary of Agriculture effective July 24, 1971, (36 
FR 13804) relating to notices of proposed rulemaking and public 
participation in rulemaking. These regulations are thus issued as 
final.

Executive Order 12866

    This final rule has been determined to be economically significant 
under Executive Order 12866 and has been reviewed by the Office of 
Management and Budget (OMB). A cost-benefit assessment was completed 
and is summarized after the background section explaining the rule.

Federal Assistance Programs

    The title and number of the Federal assistance program, as found in 
the Catalog of Federal Domestic Assistance, to which this final rule 
applies are: Commodity loans and loan deficiency payments, 10.051.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this rule 
because neither the Secretary of Agriculture nor CCC are required by 5 
U.S.C. 553 or any other law to publish a notice of proposed rulemaking 
for the subject matter of this rule.

Environmental Review

    The environmental impacts of this rule have been considered under 
the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et 
seq., the regulations of the Council on Environmental Quality (40 CFR 
parts 1500-1508), and regulations of the Farm Service Agency (FSA) of 
the Department of Agriculture (USDA) for compliance with NEPA, 7 CFR 
part 799. An Environmental Evaluation was completed and it was 
determined that the proposed action does not have the potential to 
significantly impact the quality of the human environment and, 
therefore, the rule is categorically excluded from further review under 
NEPA. A copy of the environmental evaluation is available for 
inspection and review upon request.

Executive Order 12778

    The final rule has been reviewed in accordance with Executive Order 
12778. This final rule preempts State laws that

[[Page 61471]]

are inconsistent with its provisions, but the rule is not retroactive. 
Before any judicial action may be brought concerning this rule, all 
administrative remedies must be exhausted.

Executive Order 12372

    This program is not subject to 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).

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) does 
not apply to this rule because neither the Secretary of Agriculture nor 
CCC are required by 5 U.S.C. 553 or any other law to publish a notice 
of proposed rulemaking for the subject matter of this rule. Also, the 
rule imposes no mandates as defined in UMRA.

Small Business Regulatory Enforcement Fairness Act of 1996

    Section 1601(c) of the 2002 Act requires that the regulations 
necessary to implement Title I of the 2002 Act must be issued within 90 
days of enactment and that such regulations shall be issued without 
regard to the notice and comment provisions of 5 U.S.C. 553. Section 
1601(c) also requires that the Secretary use the authority in section 
808 of the Small Business Regulatory Enforcement Fairness Act of 1996, 
Public Law 104-121 (SBREFA), which allows an agency to forgo SBREFA's 
usual 60-day Congressional Review delay of the effective date of a 
major regulation if the agency finds that there is a good cause to do 
so. Accordingly, this rule is effective upon the date of filing for 
public inspection by the Office of the Federal Register.

Paperwork Reduction Act

    Section 1601(c) of the 2002 Act requires that these regulations be 
promulgated and the programs administered without regard to the 
Paperwork Reduction Act. This means that the information to be 
collected from the public to implement these programs and the burden, 
in time and money, the collection of the information would have on the 
public does not have to be approved by the Office of Management and 
Budget or be subject to the normal requirement for a 60-day public 
comment period.

Government Paperwork Elimination Act

    CCC is committed to compliance with the Government Paperwork 
Elimination Act (GPEA) and the Freedom to E-File Act, which require 
Government agencies in general, and the FSA in particular, to provide 
the public the option of submitting information or transacting business 
electronically to the maximum extent possible. Because of the date that 
the regulations for this program are required to be published, the 
forms and other information collection activities required by 
participation in the Peanut Quota Buyout Program (QBOP) are not yet 
fully implemented in a way that would allow the public to conduct 
business with FSA electronically. Accordingly, applications for this 
program may be submitted at the FSA county offices by mail or FAX.

Background

    Section 1309 of the 2002 Act repeals the marketing quota program 
for peanuts authorized by title III of the Agricultural Adjustment Act 
of 1938 (the 1938 Act). The regulations used to administer that program 
for the 1996 through 2002 crop years were codified at 7 CFR part 729. 
Other provisions of the 2002 Act set forth payment and marketing 
assistance loan programs for the 2002 through 2007 crops of peanuts 
that are similar to other major CCC commodity programs. Section 1309 
also provides for CCC to pay eligible peanut quota holders as part of 
the transition from the repealed marketing quota program to the new 
programs.
    Generally, this rule provides for payments to be made to each 
eligible peanut quota holder based on the amount of the peanut quota 
that was available to such holder for the 2001 crop year as provided by 
7 CFR part 729 as it was codified on January 1, 2002. An eligible 
peanut quota holder is, generally, a person who, as of May 13, 2002, 
owned a farm that was otherwise eligible for a permanent peanut quota 
under section 358-1(b) of the 1938 Act. Temporary quota leases, 
transfers of peanut quotas for seed, and peanut quotas established for 
experimental purposes are not eligible peanut quotas for the buyout 
program established by this rule.
    Eligible quota holders may elect to receive payment under this 
program in five equal installments in each of the 2002 through 2006 
fiscal years, or as a single lump sum payment in any of these years. To 
the extent practical, CCC intends to make the 2003 through 2006 fiscal 
year payments between January 2 and January 31 of the applicable year. 
For those who choose the five-payment option, each QBOP payment will be 
determined by multiplying the $0.11 per pound rate provided in the law 
times the pounds of peanut quota for which such holder has been 
determined eligible for a payment. Persons who opt for the single lump 
payment will have their payment calculated in the same manner, except 
the payment rate will be $0.55 per pound.
    FSA has highly accurate records of peanut quota holders and the 
amount of peanut quota assigned to each quota holder's farm because of 
the extensive record keeping and reporting requirements of 7 CFR part 
729 used to monitor production of peanuts and related information 
necessary to establish each years' peanut quota. Additionally, in July 
of 2002, FSA sent each quota holder of record for the 2001 peanut crop 
the pounds of peanut quota assigned to each tract of land on every farm 
(as constituted for FSA purposes) in every county, and the total peanut 
quota assigned to that quota holder. This letter also notified the 
peanut quota holders that enrollment for this program would begin 
September 3, 2002, and end November 22, 2002. This notification was 
completed prior to the enrollment period for this program to ensure 
that each eligible peanut quota holder had sufficient time to validate 
the accuracy of the FSA records to be used to calculate the QBOP 
payment.
    The 2002 Act provides that the date of enactment of that act is to 
be used to determine who is an eligible peanut quota holder, or who 
owned a farm that was eligible for a peanut quota under section 358-
1(b) of the 1938 Act. The 2002 Act provisions also address the 
situation where peanut quota transfers were initiated prior to May 13, 
2002, but not completed as of that date. For example, if there was a 
written contract for the purchase of all of a portion a farm that was 
eligible to have a peanut quota assigned to it in existence as of May 
13, 2002, and the parties to the contract cannot agree on the manner in 
which such quota would be assigned to the different portions of the 
farm, payments are to be made in a fair and equitable manner taking 
into account any incomplete permanent transfer of such quota. 
Accordingly, CCC has determined that, in the case of the incomplete 
transfer of an entire farm, the eligible peanut quota holder will be 
considered the person contractually bound to purchase the entire farm. 
Where there was a partial sale of the farm not yet completed by such 
date, CCC will, if the parties cannot agree on the division of the 
peanut quota, assign the disputed quota taking into account the ratio 
of cropland on the unsold portion of the farm to the cropland on the 
portion of the farm subject to the purchase contract. Similarly, the 
2002

[[Page 61472]]

Act provides that where there was in existence on May 13, 2002, an 
agreement for the permanent transfer of the peanut quota, but the 
transfer was not completed by that date, the holder will be the owner 
of the farm to which the peanut quota was to be transferred.
    Consistent with the 2002 Act, if a written agreement was in effect 
before May 13,2002, for the purchase of all or portion of a farm and 
the parties had a written agreement specifying the distribution of the 
peanut quota, the buyout payment will be disbursed as specified in the 
agreement, so long as the resulting distribution is consistent with the 
2002 Act. Also, if a farm is determined eligible for a permanent peanut 
quota on or before May 13, 2002, and the farm is sold in whole or in 
part after May 13, 2002, the peanut quota attributed to the owner of 
the farm as of such date cannot be transferred for purposes of 
determining a quota buyout payment. In addition, consistent with the 
manner in which CCC administers other commodity programs, a person who 
holds a life estate interest in a farm with a peanut quota will be 
considered the owner in determining who is an eligible peanut quota 
holder. A person with a remainder interest in such farm will not be 
considered to be an owner for such purposes.
    The 2002 Act also provides that, notwithstanding any other 
provision of that Act, a person can be determined to be the eligible 
peanut quota holder if it is determined that such action is necessary 
for the fair and equitable administration of the program.
    The 2002 Act provides that once a person's eligibility for the QBOP 
has been determined, such status is maintained whether or not there is 
a transfer of ownership of the farm. Accordingly, once it is determined 
that a person is eligible and CCC has executed a buyout contract with 
such person, the person may sell all or a portion of their farm and 
still receive the payment. CCC will not execute a quota buyout contract 
with a person who was the buyer of the farm in a transaction that took 
place after May 13, 2002. If such a person believes that the private 
sales transaction did not take into account these statutory and 
regulatory provisions, a private resolution of such a dispute must be 
undertaken by the parties to the contract; neither FSA nor CCC will 
participate in the resolution of such matter.
    CCC has attempted to provide actual notice to all persons who are 
eligible to participate in this program, based upon the information 
required by FSA from peanut quota holders in the past. Still, there may 
have been transfers of farms that were not reported to FSA or 
incomplete transfers of peanut quotas and farms as of May 13, 2002. It 
is not possible for CCC to independently verify all of the many 
transactions that may have occurred with respect to farms and peanut 
quotas since the transfer of peanut quotas in 2001 until May 13, 2002. 
Accordingly, in order to ensure that only persons who meet the 
requirements of the 2002 Act receive a QBOP payment and to reduce debt 
collection efforts with respect to persons who improperly represented 
their eligibility status to CCC, CCC will require program participants 
to make certain representations regarding whether the peanut quota or 
their farm had been transferred to another person. Also, this rule 
provides that a claim of: (1) Ownership in a farm or peanut quota; or 
(2) transfer of a farm or peanut quota that should have been reported 
to FSA under 7 CFR part 729, but was not, may be disregarded in 
administration of QBOP in order to complete the transition as quickly 
as possible from the marketing quota program to the new programs.
    Similarly, in contemplation that there will be disputes concerning 
who is the owner of a farm or peanut quota for purposes of determining 
the QBOP payment, this rule provides that if: (1) A payment is made to 
a peanut quota holder, as identified on FSA records, for a farm; and 
(2) a person who is not the peanut quota holder, as identified on FSA 
records, for a farm submits a quota buyout contract or other written 
claim to CCC more than 10 days after the date of publication of this 
rule, no further payments will be made with respect to such farm until 
CCC has determined the eligibility status of each claimant and any 
other person who may be eligible to receive the payment and the 
occurrence of the earlier of: (1) Repayment of the payment initially 
made to the peanut quota holder identified on FSA records; or (2) an 
administrative claim has been established for repayment of such payment 
under CCC's debt collection regulations at 7 CFR part 1403. If a 
contract or other written claim is provided to CCC within 10 days of 
the date of this rule by two or more persons for the same peanut quota 
used to calculate a buyout payment, no payment will be issued until CCC 
determines the eligibility status of each claimant. This procedure will 
allow payments to be made by CCC prior to the end of the program's 
enrollment period on November 22, 2002, while helping to ensure that 
erroneous payments are not made by CCC.
    In summary, this rule contains two important time periods: (1) The 
program enrollment period of September 3, 2002 through November 22, 
2002; and (2) the 10-day period beginning on October 1, 2002, and 
ending on October 11, 2002, which is the time in which persons not 
identified in FSA records as a peanut quota holder on a specific farm 
may submit a written claim to fully protect their interests under the 
QBOP.

Cost/Benefit Assessment

    Eligible peanut quota holders will receive about $1.3 billion in 
compensation for the lost value of their quota. Payments shall be 
issued under the contracts during fiscal years 2002 through 2006. In 
selection of the two options to receive payments, five equal 
installments, or the entire payment as a lump sum, eligible quota 
holders are expected to elect to receive about 90 percent of the 
payments, or $ 1.17 billion, in the first payment.

List of Subjects in 7 CFR Part 1412

    Feed grains, Marketing quotas, Peanuts, Price support programs, 
Oilseeds, Reporting and recordkeeping requirements.


    Accordingly, 7 CFR part 1412 is amended as set forth below.

    1. Revise the heading of part 1412 to read as set forth above.
    2. The authority citation for part 1412 is revised to read as 
follows:

    Authority: 7 U.S.C. 7201 et seq., 7959; 15 U.S.C. 714b, 714c.

PART 1412--PEANUT QUOTA BUYOUT PROGRAM AND PRODUCTION FLEXIBILITY 
CONTRACT PROGRAM

    3. In part 1412, redesignate subparts A through E as subparts B 
through F, respectively, and add a new subpart A to read as follows:
Subpart A--Peanut Quota Buyout Program
Sec.
1412.1 Applicability.
1412.2 Administration.
1412.3 Definitions.
1412.4 Appeals.
1412.5 Enrollment; special filing and payment provisions for persons 
who are not the peanut quota holder of record.
1412.6 Eligible peanut quota holder.
1412.7 Contract provisions.
1412.8 Contract liability.
1412.9 Misrepresentation and scheme or device.
1412.10 Offsets and assignments.
1412.11 Other regulations.

[[Page 61473]]

Subpart A--Peanut Quota Buyout Program


Sec.  1412.1  Applicability.

    The regulations in this subpart govern the Peanut Quota Buyout 
Program of the Commodity Credit Corporation (CCC). Generally, CCC will 
enter into contracts with eligible peanut quota holders that provide 
for payments to such holders based upon the amount of the 2001 crop 
peanut quota assigned to farms owned by such holders as of May 13, 
2002.


Sec.  1412.2  Administration.

    (a) The program will be administered under the general supervision 
of the Executive Vice President, CCC, and shall be carried out by the 
Farm Service Agency (FSA) State and county committees (State and county 
committees).
    (b) State and county committees, their representatives and 
employees, have no authority to modify or waive provisions of this 
subpart, except as provided in paragraph (e) of this section.
    (c) The State committee shall take any action required by the 
regulations of this part that the county committee has not taken. The 
State committee shall also:
    (1) Correct, or require a county committee to correct any action 
taken by such county committee that is not in accordance with this 
part; or
    (2) Require a county committee to withhold taking any action that 
is not in accordance with this part.
    (d) No provision or delegation to a State or county committee shall 
preclude the Executive Vice President, CCC, or a designee, from 
determining any question arising under the program or from reversing or 
modifying any determination made by a State or county committee.
    (e) The Deputy Administrator may authorize State and county 
committees to waive or modify deadlines, except statutory deadlines, 
and other non-statutory requirements in cases where lateness or failure 
to meet such other requirements does not adversely affect operation of 
the program.
    (f) A representative of CCC may execute a contract for a quota 
buyout only under the terms and conditions of this part, and as 
determined and announced by the Executive Vice President, CCC. Any 
contract that is not executed in accordance with such terms and 
conditions, including any purported execution prior to the date 
authorized by the Executive Vice President, CCC, is null and void and 
shall not be considered to be a contract between CCC and any person 
executing the contract.


Sec.  1412.3  Definitions.

    The definitions in this section shall apply for all purposes of 
administering the Peanut Quota Buyout. 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 following definitions 
in this section:
    Contract means a Peanut Quota Buyout Program Contract, and its 
Appendix for the Peanut Quota Buyout Program to be executed on a form 
and in a manner as prescribed by CCC.
    Deputy Administrator means the Deputy Administrator for Farm 
Programs, FSA, or a designee.
    Eligible Quota means the amount of peanut quota owned by an 
eligible peanut quota holder as of May 13, 2002, based on the 2001 
quota for the purposes of determining Peanut Quota Buyout Program 
payments. Eligible quota does not include peanut quota established for 
seed or experimental purposes and quotas subject to a temporary lease 
or transfer.


Sec.  1412.4  Appeals.

    A person may obtain reconsideration and review of any adverse 
determination made under this part in accordance with the appeal 
regulations found at parts 11 and 780 of this title.


Sec.  1412.5  Enrollment; special filing and payment provisions for 
persons who are not the peanut quota holder of record.

    (a) Enrollment for the Peanut Quota Buyout Program begins September 
3, 2002, and ends November 22, 2002. Application for payment must be 
made by signing the contract. Payments will be made by CCC to eligible 
peanut quota holders as soon as practicable beginning October 11, 2002.
    (b)(1) If contracts or other written claims are provided to CCC by 
October 11, 2002, by two or more persons with respect to the same 
peanut quota used to calculate a Peanut Quota Buyout Program payment, 
CCC will not issue such payment until CCC has determined the 
eligibility status of each claimant.
    (2) If CCC has made a payment to a peanut quota holder, as 
identified on FSA records, for a farm and after October 11, 2002, a 
person who is not a peanut quota holder, as identified on FSA records, 
for such farm submits a contract or other written claim with CCC for 
the same quota used to issue the initial payment, CCC will issue no 
further payments for such farm until CCC has determined the eligibility 
status of each person who has filed a contract or other written claim 
for such farm and the occurrence of the earlier of:
    (i) Repayment of the initial payment made by CCC; or
    (ii) The establishment, in accordance with part 1403 of this 
chapter, by CCC of a claim for repayment of the initial payment.
    (c) Payments to a person who CCC has determined to be an eligible 
peanut quota holder with respect to a farm but who, as of September 3, 
2002, were not the peanut quota holder, as identified on FSA records as 
of May 13, 2002, for such farm will be made by CCC after November 22, 
2002, unless prior to November 22, 2002, CCC has received an 
acknowledgment from the peanut quota holders, as identified on FSA 
records as of May 13, 2002, that they:
    (1) Will not file a contract for such peanut quota; and
    (2) Transferred the peanut quota to such other party prior to May 
13, 2002.


Sec.  1412.6  Eligible peanut quota holder.

    (a) A person shall be eligible for a payment under this part only 
if CCC has determined the person to be an ``eligible peanut quota 
holder'' for purposes of this part. To be an eligible peanut quota 
holder, a person must, as of May 13, 2002:
    (1) Have owned a farm, or had a life estate interest in a farm, to 
which paragraphs (a)(2) and (b) of this section do not apply, that was 
eligible for a permanent peanut quota under part 729 of this title, as 
in effect on January 1, 2002, without regard to quotas established for 
seed or experimental purposes or quotas subject to temporary leases or 
temporary transfers;
    (2) Be a party to a written contract for the purchase of all or a 
portion of the farm identified in paragraph (a)(1) of this section that 
was in effect on or before May 13, 2002. If the parties to the contract 
are unable to agree to the division of the applicable peanut quota on 
the land subject to the written contract, the Deputy Administrator, 
taking into account any incomplete or permanent transfer of the peanut 
quota that has otherwise been agreed to, shall provide for the 
equitable division of the payments made under this part by determining 
the eligible peanut quota holders and allocating the disputed amount of 
the peanut quota to such holders. This allocation will take into 
account the ratio of cropland on the unsold portion of the farm and the 
cropland on the portion of the farm subject to the purchase contract;
    (3) Be a party to a written contract that was in effect on or 
before May 13, 2002, for the permanent transfer of a peanut quota to 
such party's farm but was not completed by that date. In such a case, 
the eligible peanut quota holder

[[Page 61474]]

is the owner of the farm, as of May 13, 2002, to which the peanut quota 
was to be transferred; or
    (4) Have owned a farm with a peanut quota which is protected under 
a Conservation Reserve Program contract in accordance with part 1410 of 
this chapter;
    (b) Notwithstanding any provision of paragraph (a) of this section, 
CCC may determine that a person is an eligible peanut quota holder with 
respect to an amount of peanut quota for the purposes of this section, 
to the exclusion of all other persons in order to provide for the fair 
and equitable administration of this part so long as the total amount 
of eligible quota pounds for all program participants does not exceed 
the quantity of peanut quota that was available to all quota holders in 
the 2001 crop year.
    (c) Sales and transfers of farms and peanut quotas may be 
disregarded by CCC when:
    (1) Such sales and transfers were required to be reported to FSA 
under part 729 of this title; or
    (2) It is otherwise determined by CCC that it would be unfair and 
inequitable in the overall administration of the program to make or 
modify an eligibility determination based on claims of transfers or 
sales that preceded January 1, 2002.


Sec.  1412.7  Contract provisions.

    (a)(1) CCC will, on a per-farm basis, offer to enter into a 
contract with each eligible peanut quota holder on such farm under 
which CCC will provide a payment in five equal installments in each of 
the 2002 though 2006 fiscal years or in one lump sum payment in any 
such fiscal year as selected by such holder.
    (2) Eligible peanut quota holders who elect to receive five equal 
installments payments will receive the fiscal year 2002 payment no 
later than December 31, 2002 and, as determined by CCC, between January 
2 and January 31 in each of the years 2003 through 2006.
    (3) Eligible peanut quota holders who elect to receive one lump sum 
payment may specify the fiscal year in which they wish to receive a 
payment. CCC will determine the day in such fiscal year that the 
payment will be made by CCC.
    (b) The amount of each payment made under paragraph (a)(2) of this 
section shall be the product determined by multiplying:
    (1) $0.11 per pound; times
    (2) The amount of eligible quota pounds of the eligible peanut 
quota holder.
    (c) The amount of each payment made under paragraph (a)(3) of this 
section shall be the product determined by multiplying the product 
determined under paragraph (b) of this section times five.
    (d) After a payment option has been selected under paragraph (a) of 
this section and a payment has been made by CCC, no change in the 
payment option will be allowed except as authorized by the Executive 
Vice President, CCC.


Sec.  1412.8  Contract liability.

    All signatories to a contract are jointly and severally liable for 
contract violations and resulting repayments and liquidated damages.


Sec.  1421.9  Misrepresentation and scheme or device.

    A person who is determined to have:
    (a) Erroneously represented any fact affecting a program 
determination made in accordance with this subpart;
    (b) Adopted any scheme or device that tends to defeat the purpose 
of the program; or
    (c) Made any fraudulent representation affecting a program 
determination made in accordance with this subpart, must refund all 
payments received on all contracts entered into under this subpart, 
plus interest as determined in accordance with part 1403 of this 
chapter, and pay to CCC liquidated damages as specified in the 
contract.


Sec.  1412.10  Offsets and assignments.

    (a) Except as provided in paragraph (b) of this section, any 
payment or portion thereof made to any person under this subpart shall 
be made without regard to questions of title under State law and 
without regard to any claim or lien against the peanut quota or the 
farm for which a peanut quota had been established under part 729 of 
this title by any creditor or any other person.
    (b) Any person eligible to receive a payment made under this 
subpart may assign the payment in accordance with part 1404 of this 
chapter.


Sec.  1412.11  Other regulations.

    (a) The provisions of part 12 of this title, the controlled 
substance provisions of part 718 of this title, and the payment 
limitation provisions of part 1400 of this chapter shall not be 
applicable to payments made under this subpart.
    (b) The provisions of part 707 of this title relating to the making 
of payments in the event of the death of a program participant and in 
the event of other special circumstances shall apply to payments made 
under this subpart.

    Signed in Washington, DC, on September 25, 2002.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 02-24816 Filed 9-27-02; 11:20 am]
BILLING CODE 3410-05-P