[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Rules and Regulations]
[Pages 249-250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32324]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 718

Commodity Credit Corporation

7 CFR Part 1480

RIN 0560-AG79 and 0560-AG95


Acreage Reporting and Common Provisions; 2001 and 2002 Crop 
Disaster Program; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects final rules published on April 3, 2003, 
and June 26, 2003, that established provisions applicable to multiple 
programs of the agencies, and regulations for the 2001 and 2002 Crop 
Disaster Program. Corrections are necessary for provisions that 
conflict with statute or other program requirements and are intended to 
ensure that Agency regulations are properly written and implemented. 
These changes will apply retroactively to actions taken under the 
subject rules since their effective date.

DATES: Effective on December 30, 2003.

FOR FURTHER INFORMATION CONTACT: Virgil Ireland, at 202-720-5103 or 
[email protected], or Jan Jamrog, at 202-690-0926 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion of Corrections

    1. This document corrects the rule amending 7 CFR part 718, 
Provisions Applicable to Multiple Programs, published in the Federal 
Register on April 3, 2003 (68 FR 16170) under the Farm Security and 
Rural Investment Act of 2002 (Public Law 107-171) (the 2002 Act). 7 CFR 
part 718 governs how FSA monitors marketing quotas, allotments, base 
acres and acreage reports. The corrections are as follows:
    A. Crop definitions. The first correction is in 7 CFR 718.2, adding 
to the definitions of Extra Long Staple (ELS) Cotton, Rice and Upland 
cotton the phrase ``that follows the standard planting and harvesting 
practices for the [specific crop] for the area in which the [specific 
crop] is grown.'' This will make the definitions consistent with those 
for other crops. For example, the definition of corn in Sec.  718.2 
includes the phrase ``that follows the standard planting and harvesting 
practices for corn for the area in which the corn is grown * * *'' This 
change clarifies the provision that a program participant cannot 
receive planting credit for acreage that does not comply with minimum 
requirements and ensures that it is correctly applied Other clarifying 
changes are also made.
    B. Controlled Substance. The second correction is in 7 CFR 
718.6(b)(3), which provides that a person convicted of trafficking in 
or possession of a controlled substance shall be ineligible for any or 
all USDA benefits for stated periods of time. This provision is 
included pursuant to 21 U.S.C. 862, which provides that a court may 
deny eligibility for certain Federal benefits to an individual 
convicted of distribution or possession of a controlled substance. 
``Federal benefit'' is defined in 21 U.S.C. 862(d) to mean ``any grant, 
contract, loan, professional license, or commercial license provided by 
an agency of the United States or by appropriated funds of the United 
States'' but ``does not include any retirement, welfare, Social 
Security, health, disability, veterans benefit, public housing, or 
other similar benefit, or any other benefit for which payments or 
services are required for eligibility. The period of ineligibility 
under this provision is a determination of the court, not FSA. 
Therefore, section 718.6 is revised by combining paragraph 718.6(b)(3) 
with paragraph 718.6(b)(2), which already contains the correct 
provision.
    C. Signature Requirements. The third correction is in 7 CFR 
718.9(a), which states ``When a program authorized by this chapter and 
parts 1410 and 1413 of

[[Page 250]]

this title requires the signature of a producer; landowner; landlord; 
or tenant, a husband or wife may sign all such FSA or CCC documents on 
behalf of the other spouse, unless such other spouse has provided 
written notification to FSA and CCC that such action is not authorized. 
The notification must be provided to FSA with respect to each farm.'' 
This section is corrected to change ``this chapter and parts 1410 and 
1413 of'' to ``this chapter or Chapter XIV of'' to insure full coverage 
in all commodity programs, unless exempted by more specific rules.
    2. Quality loss payments for hay. This document corrects 7 CFR part 
1480, Crop Disaster Program, published in the Federal Register on June 
26, 2003, under the authority of the Agricultural Assistance Act of 
2003 (Public Law 108-7) (2003 Act). Section 1480.17(m) states 
``Quantity adjustments for diminished quality shall also not apply 
under this section to: Hay, honey, maple sap, turfgrass sod, crops 
marketed for a use other than an intended use for which there is not an 
established county price or yield, or any other crop that the Deputy 
Administrator deems it appropriate to exclude.'' This section is being 
amended to remove the word ``hay.'' The 2003 Act required CCC to follow 
section 815 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (Public 
Law 106-387; 114 Stat. 1549A-55) (2001 Act), stating that the new 
program shall use ``the same loss thresholds for quantity and quality 
losses as were administered in that section.'' The 2001 Act did not 
exclude hay from payments for diminished quality. This document amends 
the rule accordingly.
    These changes clarify and correct recently published regulations. 
Delay of their publication for public comment is unnecessary and 
contrary to the public interest. Further, 7 U.S.C. 7991(c)(2)(C), and 
section 217 of Title II, Division N, of Public Law 108-7, exempt these 
changes from notice and comment rulemaking. So that they may apply 
equally with existing regulations, these changes are effective as of 
the original filing of the rules they correct, as described below, 
implementing the 2002 Act.

List of Subjects

7 CFR Part 718

    Acreage allotments, Agricultural commodities, Marketing quotas.

7 CFR Part 1480

    Agricultural commodities, Disaster assistance, Emergency 
assistance, Reporting and record keeping requirements.


0
Accordingly, the Federal Register is corrected as follows:
0
1. In the final rule FR Doc. 03-8025 published on April 3, 2003, (68 FR 
16170-16185), make the following corrections:
0
a. On page 68 FR 16173, in the first column, in Sec.  718.2, correct 
the introductory text of the definition of ``Extra Long Staple Cotton,
0
b. On page 68 FR 16174, in the second column, in Sec.  718.2, correct 
the definition of ``Rice'', and
0
c. On page 68 FR 16174, in the third column, in Sec.  718.2, correct 
the definition of ``Upland cotton,'' to read as follows:


Sec.  718.2  Definitions.

* * * * *
    Extra Long Staple (ELS) Cotton means cotton that follows the 
standard planting and harvesting practices of the area in which the 
cotton is grown, and meets all of the following conditions: * * *
* * * * *
    Rice means rice that follows the standard planting and harvesting 
practices of the area excluding sweet, glutinous, or candy rice such as 
Mochi Gomi.
* * * * *
    Upland cotton means planted and stub cotton that is not considered 
extra long staple cotton, and that follows the standard planting and 
harvesting practices of the area and is produced from other than pure 
strain varieties of the Barbadense species, any hybrid thereof, or any 
other variety of cotton in which one or more of these varieties 
predominate. For program purposes, brown lint cotton is considered 
upland cotton.
0
d. On page 68 FR 16175, in the second column, correct Sec.  718.6 by 
removing paragraph (b)(3) and correcting paragraph (b)(2) to read as 
follows:


Sec.  718.6  Controlled substance.

* * * * *
    (b) * * *
* * * * *
    (2) Possession of a controlled substance, or trafficking in a 
controlled substance, shall, in addition to any ineligibility under 
paragraph (b)(1) of this section, be ineligible for any or all USDA 
benefits, to the extent that a court shall determine to impose such 
ineligibility pursuant to applicable Federal law, in which case the 
ineligibility shall be for such period of time as is imposed by the 
court, pursuant to such law, at the discretion of the court.
0
e. On page 68 FR 16176 in the first column, correct Sec.  718.9(a) to 
read as follows:


Sec.  718.9  Signature requirements.

    (a) When a program authorized by this chapter or Chapter XIV of 
this title requires the signature of a producer; landowner; landlord; 
or tenant, a husband or wife may sign all such FSA or CCC documents on 
behalf of the other spouse, unless such other spouse has provided 
written notification to FSA and CCC that such action is not authorized. 
The notification must be provided to FSA with respect to each farm.
* * * * *


0
2. In the final rule FR Doc. 03-16161, published on June 26, 2003 (68 
FR 37936-37952) make the following correction. On page 68 FR 37951 in 
the first column, correct Sec.  1480.17(m) to read as follows:


Sec.  1480.17  Quantity adjustments for diminished quality for certain 
crops.

* * * * *
    (m) Quantity adjustments for diminished quality shall also not 
apply under this section to: honey, maple sap, turfgrass sod, crops 
marketed for a use other than an intended use for which there is not an 
established county price or yield, or any other crop that the Deputy 
Administrator deems it appropriate to exclude.
* * * * *

    Signed in Washington, DC, on December 23, 2003.
James R. Little,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 03-32324 Filed 12-30-03; 2:20 pm]
BILLING CODE 3410-05-P