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

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.

-----------------------------------------------------------------------

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