[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Notices]
[Pages 36919-36927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12615]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation


Tobacco Transition Payment Program--Successor-in-Interest 
Contracts

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice and request for comments.

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SUMMARY: This notice requests public comment on the documents to be 
used by the Commodity Credit Corporation (CCC) in the administration of 
the Tobacco Transition Payment Program (TTPP) with respect to 
successor-in-interest contracts, which allow a tobacco quota holder or 
a tobacco producer who is participating in this program to transfer 
their rights and obligations to a third-party.

DATES: CCC requests comments on any aspect of the documents, which are 
in the Appendix to this notice and at http://www.fsa.usda.gov/tobacco/. 
Comments must be received by July 11, 2005.

ADDRESSES: CCC invites interested persons to submit comments on these 
documents. The preferred manner to submit comments is by e-mail at: 
[email protected]. Comments may also be submitted by any of 
the following methods:
     Fax: Send to (202) 720-1288.
     Mail: Send to Director, Tobacco Division, Farm Service 
Agency, United States Department of Agriculture (USDA), STOP 0514, Room 
4080-S, 1400 Independence Ave., SW., Washington, DC 20250-0514.
     Hand Delivery or Courier: Deliver to the above address.
    All comments, including names and addresses, provided by 
respondents become a matter of public record. Comments may be inspected 
in the Office of the Director, Tobacco Division, FSA, at the above 
address. Make inspection arrangements by calling (202) 720-7413.

FOR FURTHER INFORMATION CONTACT: Joe Lewis, Tobacco Division (TD), Farm 
Service Agency, United States Department of Agriculture (USDA), STOP 
0514, Room 4080-S, 1400 Independence Avenue, SW., Washington, DC 20250-
0514. Phone: (202) 720-0795; e-mail: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.) should contact 
the USDA Target Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: CCC is seeking comments on the forms 
relating to successor in interest contracts, consolidation of multiple 
contracts, and the process flow relating to these transactions.
    An entity would submit to CCC form CCC-962, ``Agreement to Purchase 
Tobacco Transition Payment Contract.'' Required information includes 
the contract number associated with the transferor's original contract, 
the transferor's and the successor's names and addresses and the 
signatures of both parties. In addition, the value of consideration 
provided by the successor to the transferor and the date such 
consideration will be paid must be provided. This agreement, once 
submitted to CCC, is non-revocable. CCC will date and time stamp each 
form upon receipt and will honor only the first one received.
    CCC will notify both parties as to the approval or disapproval of 
the succession. If approved, the transferor no longer has any right to 
receive payment from CCC under the TTPP contract that was transferred. 
The successor has all rights to such payment upon execution of form 
CCC-957, ``Successor in Interest Contract for Quota Holders,'' or form 
CCC-958, ``Successor in Interest Contract for Tobacco Producers,'' as 
applicable. This form is available at the FSA Web site or at USDA 
Service Centers. It will be the responsibility of the successor to 
submit a signed CCC-957 or CCC-958 to CCC.
    Successors desiring to consolidate multiple contracts acquired from 
quota holders and producers must submit the ``Appendix to the Tobacco 
Transition Payment Program Contract, Request for Payment Consolidation 
Contract''. The appendix allows 60 existing contract numbers to be 
consolidated; a continuation form will allow unlimited contracts to be 
consolidated. Quota holder contracts and producer contracts may not be 
consolidated on the same form. Upon CCC approval, a new contract number 
will be issued.
    If a party succeeds to a tobacco producer contract, the party must 
certify on form AD-1026, ``Highly Erodible Land Conservation (HELC) and 
Wetland Conservation (WC) Certification'' to the understanding of the 
conservation compliance requirements under USDA programs. It is not 
necessary to complete this form if a previously filed AD-1026 is on 
file with USDA and there has not been a change in the farming operation 
or the persons affiliated with the operation from what was previously 
reported.
    The successor must also complete a SF-1199A, ``Direct Deposit Sign 
Up

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Form'' to sign up for the direct deposit of benefits from USDA into the 
account of a payee.
    Parties electing to appoint someone to act on their behalf as 
attorney-in-fact must complete the FSA-211, ``Power of Attorney.'' This 
form must have the signature witnessed by an FSA employee or notarized 
by a Notary Public. The completed original form must be submitted in 
hard copy to the appropriate FSA Service Center. FSA-211's received via 
facsimile will also be accepted.
    Financial institutions and other similar entities must also provide 
documentation concerning who is authorized to sign for the entity. The 
following types of evidence are acceptable: Corporate charter, bylaws, 
articles of partnership, or a letter signed by the entity's officer 
designating individuals authorized to sign.
    To facilitate and expedite the approval process, CCC intends to 
require financial institutions and other successors, other than 
individuals, to first submit certain information to: Tobacco Division, 
Farm Service Agency, United States Department of Agriculture (USDA), 
STOP 0514, Room 4080-S, 1400 Independence Ave., SW., Washington, DC 
20250-0514. Successors will submit the information once to CCC and CCC 
will make the data available to the FSA Service Centers. Centralizing 
the procedure avoids the need for the financial institutions and other 
businesses to submit records to each FSA Service Center where they 
intend to conduct business. This information includes:
    Name, address and tax identification number of the company;
    Form AD-1026, ``Highly Erodible Land Conservation (HELC) and 
Wetland Conservation (WC) Certification'', if applicable;
    Form SF-1199A, ``Direct Deposit Sign Up Form;''
    Form FSA-211, ``Power of Attorney'', if applicable;
    The names and titles of persons eligible to sign for the business 
entity. CCC will post on the FSA Web site the names and address of the 
businesses that have submitted the required information.
    Instructions on where to submit the following forms have not been 
finalized:
    Form CCC-962, ``Agreement to Purchase Tobacco Transition Payment 
Contract.''
    Form CCC-957, ``Successor in Interest Contract for Quota Holders,'
    Form CCC-958, ``Successor in Interest Contract for Tobacco 
Producers
    ``Appendix to the Tobacco Transition Payment Program Contract, 
Request for Payment Consolidation Contract.''
    Comments on the forms relating to successor in interest contracts, 
consolidation of multiple contracts, and the process flow relating to 
these transactions must be received by July 11, 2005.

    Signed in Washington, DC June 17, 2005.
Michael W. Yost,
Acting Executive Vice-President, Commodity Credit Corporation.
BILLING CODE 3410-05-P

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[FR Doc. 05-12615 Filed 6-24-05; 8:45 am]
BILLING CODE 3410-05-C