Designated Marketing Associations for Peanuts, 33798-33803 [05-11505]
Download as PDF
<![CDATA[
33798
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
721 of Pub. L. 105–261, 112 Stat. 2061 unless
otherwise noted.
DEPARTMENT OF AGRICULTURE
2. In § 890.306 revise paragraphs
(l)(4)(ii), (iii), and (iv) and (q)(1)(ii) to
read as follows:
Commodity Credit Corporation
I
7 CFR Part 1421
RIN 0560–AH20
§ 890.306 When can annuitants or survivor
annuitants change enrollment or reenroll
and what are the effective dates?
*
*
*
*
*
(l) * * *
(4) * * *
(ii) If a plan discontinues all of its
existing options, an annuitant who does
not change his or her enrollment is
deemed to have enrolled in the option
of the Blue Cross and Blue Shield
Service Benefit Plan that OPM
determines most closely approximates
the terminated plan, except when the
annuity is insufficient to pay the
withholdings, then paragraph (q) of this
section applies.
(iii) If a plan has two options, and one
option of the plan is discontinued, an
annuitant who does not change the
enrollment is considered to be enrolled
in the remaining option of the plan,
except when the annuity is insufficient
to pay the withholdings, then paragraph
(q) of this section applies.
(iv) After an involuntary enrollment
under paragraph (l)(4)(ii) or (iii) of this
section becomes effective, the annuitant
may change the enrollment to the other
option of the Blue Cross and Blue
Shield Service Benefit Plan or to
another health plan of his or her choice
retroactively within 90-days after OPM
advises the annuitant of the new
enrollment;
*
*
*
*
*
(q) * * *
(1) * * *
(ii) Enroll in any plan in which the
annuitant’s share of the premium is less
than the amount of annuity. If the
annuitant elects to change to a lower
cost enrollment, the change takes effect
immediately upon loss of coverage
under the prior enrollment. The
exemptions from debt collection
procedures that are provided under
§ 831.1305(d)(2) and § 845.205(d)(2) of
this chapter apply to elections under
this paragraph (q)(1)(ii).
*
*
*
*
*
[FR Doc. 05–11578 Filed 6–9–05; 8:45 am]
BILLING CODE 6325–39–P
VerDate jul<14>2003
16:23 Jun 09, 2005
Jkt 205001
Designated Marketing Associations for
Peanuts
Commodity Credit Corporation,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule sets out regulations
governing the use of designated
marketing associations in connection
with the making of marketing assistance
loans for peanuts and the making of
loan deficiency payments in lieu of such
loans. These regulations reflect current
procedures under broader regulations
that precede this rule and specify when
storage credit begins for loans handled
by designated marketing associations.
DATES: Effective June 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Chris Kyer, Program Manager, Price
Support Division, FSA/USDA, STOP
0512, 1400 Independence Ave. SW.,
Washington, DC 20250–0512; telephone
(202) 720–7935; facsimile (202) 690–
3307; e-mail: chris.kyer@wdc.usda.gov.
Persons with disabilities who require
alternative means of communication
(Braille, large print, audio tape, etc.)
should contact the USDA Target Center
at (202) 720–2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Background
This rule sets out regulations
governing the use of ‘‘designated
marketing associations’’ (DMA’s) by
peanut producers in connection with
the Farm Security and Rural Investment
Act of 2002, Public Law 107–171,
(‘‘2002 Act’’), in the making of
marketing assistance loans (MAL’s) and
loan deficiency payments (LDP’s) in lieu
of MAL’s. Section 1307(a)(4) of the 2002
Act provided for peanuts that such
loans and LDP’s could be obtained
through a DMA or a marketing
cooperative of producers approved by
the Secretary, or the Farm Service
Agency of the Department. Regulations
governing such loans and LDP’s are
codified in 7 CFR Part 1421 and include
DMA provisions. Rules relating to the
use of cooperative marketing
associations (CMA’s) are found at 7 CFR
Part 1425. This rule adds greater
specificity to part 1421’s DMA
provisions consistent with current
procedures and reorganizes part 1421 by
designating a separate subpart for the
DMA provisions. Also, the rule specifies
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
when storage credit may begin for DMAhandled loans. Also, § 1421.115 is
renumbered as 1421.114 to reflect that
the latter number was not being used.
Further, the authority citation for Part
1421 is updated.
Notice and Comment
Section 1601(c) of the Farm Security
and Rural Investment Act of 2002 (2002
Act) provides that the administration of
Title I of the 2002 Act shall be made
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. Likewise,
Section 1601 of the 2002 Act provides
that in carrying out the provisions
exempting the administration of the
program from notice and comment, the
Secretary shall use the authority
provided under 5 U.S.C. section 808 of
Title 5, United States Code. Under the
latter provisions, certain rules are
exempted from possible Congressional
review before implementation where it
is determined that going without notice
and public procedures are in the public
interest. Such is the case here, in light
of the explicit provisions of Section
1601. In addition, this rule simply sets
out procedures for voluntary
participation by non-producers related
to an ongoing program and the new
regulations reflect current policy. For
those reasons as well, delay in
implementation would be contrary to
the public interest. Accordingly, this
rule is made effective on publication.
Executive Order 12866
This rule has been designated as ‘‘Not
Significant’’ under Executive Order
12866, and has not been reviewed by
the Office of Management and Budget.
Federal Assistance Programs
The title and number of the Federal
assistance program in the Catalog of
Federal Domestic Assistance to which
this final rule applies is 10.051—
Commodity Loans and Loan Deficiency
Payments.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not
applicable to this rule because the
Office of the Secretary, FSA and CCC
are not 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 Assessment
The environmental impacts of this
rule have been considered consistent
E:\FR\FM\10JNR1.SGM
10JNR1
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
with 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) regarding
compliance with NEPA, 7 CFR part 799.
An environmental evaluation was
completed and the action has been
determined not to have the potential to
significantly impact the quality of the
human environment and no
environmental assessment or
environmental impact statement is
necessary. A copy of the environmental
evaluation is available for inspection
and review upon request.
Executive Order 12778
The final rule has been reviewed
under Executive Order 12778. This rule
preempts State laws that are
inconsistent with its provisions. This
rule is not retroactive. Before any
judicial action may be brought regarding
this rule, all administrative remedies
must be exhausted.
Government Paperwork Elimination
Act
FSA 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 FSA in
particular, to provide the public the
option of submitting information or
transacting business electronically to
the maximum extent possible. The
forms and other information collection
activities required for participation in
the program are not yet fully
implemented for the public to conduct
business with FSA electronically.
Currently, however, loan application
forms are available electronically
through the USDA eForms Web site for
downloading. Applications from
producers may be submitted to current
DMA, by mail or by FAX if appropriate
FAX authorization forms are on file. At
this time, electronic submission of
forms is also available and producers, or
DMA’s acting on their behalf, may also
file for e-LDP’s on line.
List of Subjects in 7 CFR Part 1421
Loan programs—agriculture, Peanuts.
Executive Order 12372
This program is not subject to
Executive Order 12372, which requires
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 the Office of
the Secretary, FSA and CCC are not
required by 5 U.S.C. 553 or any other
law to publish a notice of proposed
rulemaking about the subject matter of
this rule. Further, this rule imposes no
unfunded mandates, as defined in
UMRA, on any local, State, or tribal
government or the private sector.
Section 1601(c) of the 2002 Act
provides that the promulgation of
regulations and the administration of
Title I of the 2002 Act shall be made
without regard to chapter 5 of title 44
of the United States Code (the
Paperwork Reduction Act). Accordingly,
these regulations and the forms, and
other information collection activities
needed to administer the program
authorized by these regulations, are not
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act.
17:05 Jun 09, 2005
PART 1421—GRAINS AND SIMILARLY
HANDLED COMMODITIES—
MARKETING ASSISTANCE LOANS
AND LOAN DEFICIENCY PAYMENTS
FOR THE 2002 THROUGH 2007 CROP
YEARS
1. The authority citation for 7 CFR part
1421 is revised to read as follows:
I
Authority: 7 U.S.C. 7931 et seq.; 15 U.S.C.
714b, 714c.
2. In § 1421.3, the definition of
‘‘Designated marketing association’’ is
revised to read as follows:
I
§ 1421.3
Definitions.
*
Paperwork Reduction Act
VerDate jul<14>2003
For the reasons set out in the preamble,
7 CFR part 1421 is amended as set forth
below.
I
Jkt 205001
*
*
*
*
Designated Marketing Association
(DMA) means an entity, or a subsidiary
thereof, that performs marketing
functions for peanut producers and is
designated to handle marketing
assistance loans and loan deficiency
payments for them. A DMA is eligible
to perform those functions only if the
DMA meets the eligibility criteria set
out elsewhere in this part.
*
*
*
*
*
§ 1421.115
[Redesignated]
3. Section 1421.115 is redesignated as
§ 1421.114.
I
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
33799
Subpart E—[Redesignated]
I 4. Redesignate subpart E, §§ 1421.5551
through 1421.5559, as subpart F and add
a new subpart E as follows:
Subpart E—Designated Marketing
Associations for Peanuts
Sec.
1421.400 Applicability and abbreviations.
1421.401 Definitions.
1421.402 DMA responsibilities.
1421.403 DMA eligibility to process loans
and loan deficiency payments.
1421.404 DMA approval.
1421.405 Financial security.
1421.406 Liability.
1421.407 Reporting requirements.
1421.408 Suspension and termination.
1421.409 Prohibited activity.
1421.410 Monitoring payment limitations.
1421.411 Recordkeeping requirements.
1421.412 Forms.
1421.413 Powers of attorney.
1421.414 Liens and waivers.
1421.415 Producer request to a DMA for an
MAL or LDP.
1421.416 Processing marketing assistance
loans.
1421.417 Processing loan deficiency
payments.
1421.418 Disbursing MAL and LDP
proceeds.
1421.419 Date storage credit begins on
DMA-handled loans.
1421.420 Submitting MAL and LDP
documentation to FSA.
1421.421 MAL or LDP servicing.
1421.422 Inspections and reviews.
1421.423 Appeals.
§ 1421.400
Applicability and abbreviations.
(a) This subpart sets forth the terms
and conditions under which an entity
which is a marketing association of
peanut producers, or a subsidiary of
such an entity, may qualify to become
an eligible ‘‘designated marketing
association’’ or ‘‘DMA’’ qualified to
process peanut marketing assistance
loans and peanut loan deficiency
payments for peanut producers. This
subpart only applies with respect to
peanut loans and peanut loan deficiency
payments. This subpart also specifies
when storage credit will begin with
respect to peanuts under loans handled
by designated marketing associations.
(b) In addition to other abbreviations
that may be used, the following
abbreviations apply to this subpart:
(1) CCC means the Commodity Credit
Corporation.
(2) CMA means cooperative marketing
associations which are the subject of
regulations in part 1425 of this chapter.
(3) DMA means designated marketing
associations.
(4) EWR means electronic warehouse
receipts.
E:\FR\FM\10JNR1.SGM
10JNR1
33800
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
(5) FSA means the Farm Service
Agency of the U.S. Department of
Agriculture.
(6) LDP means loan deficiency
payments as provided for in this part.
(7) MAL means marketing assistance
loans as provided in this part.
§ 1421.401
Definitions.
The definitions set forth in this
section shall apply for purposes of
program administration under this
subpart. The terms defined in this part,
in part 718 of this title, and in parts
1425 and 1427 of this chapter shall also
be applicable, except where those
definitions conflict with the definitions
in this section.
Administrative County Office is the
FSA County Office where a producer’s
FSA records are maintained.
Control or Recording FSA County
Office is the FSA County Office that
controls subsidiary files for producers
designated as multi-county producers.
Current net worth ratio means current
assets minus current liabilities, divided
by current liabilities, based on the
financial statement provided in
connection with a DMA application or
a recertification for DMA status.
DMA Service County Office is an FSA
County Office designated by CCC to
accept, process, and disburse bundled
peanut MAL’s and LDP’s to a DMA. In
the absence of a centralized MAL and
LDP processing system for peanuts, a
service county FSA office is necessary
for entering MAL’s and LDP’s made by
DMA’s into CCC accounting systems.
Drawdown account is an account
titled to the DMA at a financial
institution and funded at the discretion
of CCC for the purpose of allowing the
DMA to advance funds to producers
who have applied for MAL’s and LDP’s
before a subsequent MAL or LDP is
made to the DMA by an assigned FSA
county office.
Electronic warehouse receipt or EWR
means a receipt electronically filed in a
central filing system by an approved
provider as provided in an executed,
‘‘Farm Service Agency Provider
Agreement to Electronically File and
Maintain Warehouse Receipts.’’
Security means a certified or cashier’s
check payable to CCC, an irrevocable
commercial letter of credit in a form
acceptable to CCC, a performance or
surety bond conditioned on the DMA
fully discharging all of its obligations
under this part, or other form of security
as CCC may deem appropriate.
§ 1421.402
DMA responsibilities.
(a) DMA’s are eligible to process the
marketing loans and loan deficiency
payments provided for in this part only
VerDate jul<14>2003
16:23 Jun 09, 2005
Jkt 205001
for peanut producers and only if the
DMA and the producers and peanuts
meet all eligibility criteria set out in this
part, including, but not limited to, the
DMA eligibility provisions of this
subpart. In carrying out those functions,
DMA’s must:
(1) Prepare and execute the
appropriate CCC peanut MAL and LDP
application documents;
(2) Determine whether producers and
the commodity are eligible for MAL’s
and LDP’s, including whether the
otherwise eligible peanuts are free and
clear of all liens which DMA’s shall
determine by performing lien searches
at DMA’s expense;
(3) Instruct the holder of EWR’s, if
applicable, to notify the EWR provider
to amend the EWR to show CCC is the
holder;
(4) Receive MAL and LDP documents
from a DMA Service County Office;
(5) Disburse peanut MAL’s and LDP
proceeds to eligible producers;
(6) Prepare and execute documents for
MAL repayments;
(7) Collect loan repayments from
producers or buyers and transmitting
these funds to CCC;
(8) Transmit documents to render
forfeited collateral to CCC; and
(9) Collect data for reporting to CCC
as required by CCC;
(b) As part of performing the
responsibilities in paragraph (a) of this
section, DMA’s shall:
(1) Become knowledgeable of and
follow the procedures in CCC and FSA
peanut program regulations, applicable
notices published in the Federal
Register, applicable FSA peanut
program handbooks and amendments
thereto, and any applicable notices or
instructions issued by FSA and the
Agricultural Marketing Service.
(2) Make and service CCC peanut
MAL’s and LDP’s, only upon the
presenting by producers or their agents
of the warehouse receipts, unless
otherwise directed by CCC.
(3) Attend, at the DMA’s expense,
DMA peanut MAL, and LDP program
training offered by CCC.
(4) Provide sufficient personnel,
computer hardware, computer
communications systems, and software,
as determined necessary by CCC, to
administer the peanut MAL and LDP
program.
§ 1421.403 DMA eligibility to process loans
and loan deficiency payments.
(a) A DMA is eligible to process any
marketing assistance loan or loan
deficiency payments only if approved in
advance to handle such matters by the
Farm Service Agency pursuant to this
part; and:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
(1) The DMA meets the financial
requirements and other requirements in
this subpart and part;
(2) The DMA is comprised solely of
peanut producers or is a subsidiary of
an organization of peanut producers;
(3) The DMA is not controlled directly
or indirectly by a person or entity that
acquires peanuts for processing or
crushing through a business involved in
buying and selling peanuts or peanut
products;
(4) The DMA does not take title at any
time to any peanuts for which it
processes loans or loan deficiency
payments, irrespective of whether such
title is taken before or after those
activities are performed. If such title or
interest is taken, the DMA shall be
responsible to return to CCC the full
amount of the CCC proceeds disbursed
with respect to the peanuts; and
(5) The DMA meets any additional
requirements imposed by CCC or FSA.
(b) The DMA’s activities under this
part shall be conducted only with
respect to peanuts and only for
producers and peanuts that meet all the
eligibility requirements of this part.
Such requirements include, but are not
limited to, the requirement of § 1421.6
that the producer must have the
beneficial interest in the peanuts while
the peanuts are under loan or when the
loan deficiency payment is received and
must be the only person that has had
such an interest in the peanuts prior to
that time except as allowed by § 1421.6.
§ 1421.404
DMA approval.
(a) Entities wishing to apply to be a
DMA enabled to perform loan and loan
deficiency functions under this part for
peanuts must submit an application for
such approval to FSA in a form
approved by CCC. That application shall
include the following:
(1) Two originals of a properly
executed Designated Marketing
Association agreement containing the
terms and conditions prescribed by
CCC.
(2) A financial statement of not less
than 1 year old on the date submitted,
including accompanying notes,
schedules, or exhibits, certified by a
certified public accountant as fairly
representing the entity’s financial
condition.
(3) The entity’s tax identification
number.
(4) A copy of any applicable
incorporating or partnership documents.
(5) The applicant entity’s mailing
address, electronic mail address, and
telephone number and facsimile
number.
(6) Any and all information requested
by CCC regarding the DMA’s materials,
E:\FR\FM\10JNR1.SGM
10JNR1
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
and equipment as CCC determines is
necessary for the applicant to perform
the services for which the approval to
perform is sought.
(7) A narrative explaining how the
proposed DMA entity or parent entity
provides marketing services to peanut
producers.
(8) Any additional information or
financial security requested by the
Agency.
(b) Applicants are responsible for
notifying FSA when any changes occur
to their operations requiring
amendments to their application or
supporting documents.
§ 1421.405
Financial security.
In order to be approved to handle
loans and loan deficiency payments, the
DMA must:
(a) Have a current net worth ratio of
at least 1:1.
(b) Provide security equal to $100,000
or a greater amount as determined by
CCC.
§ 1421.406
Liability.
(a) DMA’s shall indemnify CCC
against any claim or loss by CCC in
connection with the processing of any
MAL’s or LDP’s or other activity carried
out by the DMA. If CCC pays any claim
or suffers a loss as a result of the actions
of DMA, or if a refund otherwise
becomes due to CCC, payment in the
amount of such losses or refund, plus
interest, may be set-off by CCC from the
financial security provided by DMA as
required by this subpart. If the amount
of the loss exceeds the amount of the
financial security, such amount shall be
paid to CCC by DMA with interest.
Interest and other charges may be
assessed consistent with § 1403.9 of this
chapter. Remedies provided in this
section or part are in addition to other
remedies or penalties, whether civil,
criminal or otherwise, as may apply.
(b) If a DMA becomes liable to CCC
under paragraph (a) of this section or
otherwise in connection with this
subpart, such DMA shall not be eligible
to process a LDP or MAL until the claim
amount owed CCC is paid in full, and
the full amount of financial security
required by this subpart has been
restored.
§ 1421.407
Reporting requirements.
(a) Report of changes. A DMA shall
furnish information to CCC within thirty
calendar days relating to any substantial
change in the DMA operations
including but not limited to the
following:
(1) A change in its articles of
incorporation;
(2) A resolution affecting loan or LDP
operations.
VerDate jul<14>2003
16:23 Jun 09, 2005
Jkt 205001
(3) A change to the DMA’s name,
address, phone number, or related
information on the DMA agreement.
(b) Other Information. The DMA shall
supply such additional information as
CCC may request related to the DMA’s
continued approval by CCC to process
loans and LDP’s under the authority
provided in this subpart.
(c) CCC request for information. CCC
may require a DMA to submit updated
information, a new application, or a
request for recertification whenever CCC
becomes aware of any changes or has
any reason to be uncertain that the DMA
is operating in a manner that is
consistent with the information already
submitted, or consistent with this part.
(d) Annual recertification. Within 4
months after the end of the DMA’s fiscal
year, a DMA must submit the following
information to CCC:
(1) A current financial statement
prepared according to generally
accepted accounting principles;
(2) A report of audit or review of the
financial statement conducted by an
independent Certified Public
Accountant. The accountant’s report of
audit or review shall include the
accountant’s certifications, assurances,
opinions, comments, and notes with
respect to such financial statements.
(3) Additional financial security as
determined by CCC, if the financial
security on file with CCC does not meet
current requirements or has expired.
(4) A report of changes as required
under paragraph (a) of this section.
(e) Activity report. DMA’s shall
provide CCC reports of MAL and LDP
volume and benefit earnings made by
the DMA for individual producers, and
gains received on behalf of each peanut
producer, in a format as directed by
CCC.
§ 1421.408
Suspension and termination.
(a) Suspension. If CCC determines
that a DMA is not in compliance with
the DMA agreement CCC may suspend
the DMA from making peanut MAL’s
and LDP’s until the DMA corrects the
violation, or longer.
(b) Termination. The DMA agreement
may be terminated by the DMA upon
30-calendar day’s written notice to CCC.
CCC may cancel the agreement at any
time. Upon termination DMA shall
immediately cease processing MAL or
LDP requests and documents except as
needed to preserve CCC’s position with
respect to existing loans or LDP’s.
§ 1421.409
Prohibited activity.
(a) DMA’s approved to handle loans
under this subpart may not:
(1) Discriminate against or deny any
producer from receiving MAL’s or LDP’s
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
33801
because of race, color, national origin,
gender, religion, age, disability, political
beliefs, sexual orientation, and marital
or family status for which they would
otherwise be eligible under the statutes
regulating the MAL and LDP program.
(2) Pool peanuts for the purpose of
obtaining peanut MAL’s or LDP’s from
CCC.
(3) Pool the proceeds obtained from
peanut MAL’s or LDP’s made by CCC.
(4) Process farm-stored certified or
measured MAL’s or LDP’s unless
authorized by CCC.
(5) Take title to any peanuts.
(6) Operate the DMA under the same
entity and tax identification number of
a CCC-approved CMA.
(7) Refuse services to producers
because the DMA was not granted a
power of attorney for purposes of
executing MAL documents to obtain
MAL’s for the producer, repaying the
MAL for the producer, obtaining LDP’s
for the producer, or marketing the
producer’s peanuts.
(8) Adopt any scheme or device to
circumvent the purpose of the peanuts
MAL and LDP program regulations, the
regulation governing DMA’s, or the
DMA’s agreement with CCC.
(9) Process MAL’s or LDP’s for
producers involved in a bankruptcy
proceeding unless authorized by CCC.
(10) Process MAL’s or LDP’s on
ineligible peanuts.
(b) If the prohibitions of this section
are violated FSA or CCC may take one
or more of the actions authorized in this
part or otherwise authorized.
§ 1421.410
Monitoring payment limitations.
DMA’s shall monitor potential gains
for producers and not disburse proceeds
or permit loan repayments in lieu of
forfeitures of the peanuts that would
produce a gain over the per person per
year limit allowed to the producer by
this part and part 1400 of this chapter
or which would otherwise be
prohibited.
§ 1421.411
Recordkeeping requirements.
A DMA shall maintain producer MAL
and LDP paper documents and
electronic records for an indefinite
period unless otherwise notified by
CCC.
§ 1421.412
Forms.
For purposes of conducting business
related to this part, a DMA shall use
either current CCC forms or other forms
approved by CCC. A DMA may perform
functions under this part only when
approval has been obtained by CCC.
§ 1421.413
Powers of attorney.
DMA’s may hold a power of attorney
from a producer allowing the DMA to
E:\FR\FM\10JNR1.SGM
10JNR1
33802
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
sign MAL and LDP documents for the
producer, but DMA’s may obtain and
hold such powers only in accordance
with the requirements of CCC governing
such powers.
§ 1421.414
Liens and waivers.
DMA’s performing loan-related
functions pursuant to the authority in
this subpart shall determine, to the same
extent as required for loans handled by
FSA county offices, whether a lien on
the peanuts exists by performing or
obtaining a lien search for all peanuts to
be pledged for each MAL, except that
the cost associated with such lien search
and any necessary lien waivers shall be
borne by the DMA. If a lien exists, the
DMA shall obtain, on an approved CCC
form, a signed waiver from each
lienholder with an interest in any such
lien.
§ 1421.415 Producer request to a DMA for
an MAL or LDP.
Peanut producers or their authorized
agent may request that an MAL or LDP
be processed by a DMA only if the DMA
is approved under this subpart to
process such a request and only if the
producer supplies to the DMA:
(a) Beneficial interest information.
Beneficial interest must be maintained
by the producer according to § 1421.6
for the peanuts to be eligible for MAL
or LDP; accordingly, the producer must
supply to the DMA such information as
it needed to make that determination.
(b) Warehouse receipts and lien
information. Producers must supply for
all peanuts either individual paper
warehouse receipts in the producer’s
name or an electronic warehouse receipt
(EWR) number and provider’s name.
Producers must supply relevant lien
information regarding the peanuts;
however, the producer’s obligation in
this regard does not relieve the DMA
from making the appropriate lien
search.
§ 1421.416 Processing marketing
assistance loans.
DMA’s shall take the following
actions in the following order when an
application for an MAL is filed:
(a) Make all the determinations that
are a precondition for a loan, including
lien determinations and if requested by
the producer, enter into a power of
attorney agreement with the producer.
(b) If there is an EWR for the peanuts,
instruct the current holder to notify the
electronic warehouse receipt provider to
amend the electronic warehouse receipt
to show the DMA as holder. If a paper
receipt is involved, the DMA must
obtain the receipt (and later, at the
appropriate time include the receipt in
the documents delivered to the CCC).
VerDate jul<14>2003
16:23 Jun 09, 2005
Jkt 205001
(c) Complete all MAL forms.
(d) After the producer or the person
holding the power of attorney for the
producer signs MAL document, provide
the signatory with copies of the
documents.
(e) Where there is an EWR for the
peanuts notify the EWR provider to
make CCC the holder of the EWR and
secure an affirmation verifying that CCC
has been made the holder of the EWR.
§ 1421.417 Processing loan deficiency
payments.
(a) DMA’s shall take the following
actions in the following order when an
application for an LDP is filed:
(1) In addition to other determinations
as must be made, the DMA shall
determined whether the producer has
sufficient remaining eligibility under
the applicable payment limit to allow
the receipt of the LDP. If there is not
sufficient eligibility, the DMA must
refuse to process the request;
(2) If EWR’s are applicable for the
peanuts for which the LDP is sought, the
DMA must instruct the current holder to
notify the EWR provider to amend the
EWR to show that the peanuts were
used to obtain an LDP;
(3) The DMA must insure that the
producer or the person holding the
power of attorney for the producer signs
the LDP documents; and
(4) If the peanuts and the producer are
eligible for the loan and all other
conditions have been met, the DMA
may disburse funds to the producer
subject to the time limits set out
elsewhere in this part.
(b) The LDP rate applicable to the LDP
request will be the rate in effect on the
date the DMA receives the request
except as may otherwise be provided for
in this part.
§ 1421.418
proceeds.
Disbursing MAL and LDP
(a) A DMA may request that CCC
establish a drawdown account from
which to disburse MAL and LDP
amounts to producers, and designate the
financial institution they wish to use.
(b) CCC will determine whether a
drawdown account is justified and the
amount of the account.
(c) If there is no drawdown account,
MAL and LDP proceeds shall be
distributed to the producer within 3
work days from the date the DMA
receives MAL or LDP proceeds from
CCC, after deduction of authorized
charges or fees for services. If there is a
drawdown account, the MAL and LDP
proceeds shall be distributed to the
producer within 3 days of the
completion of the application.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
(d) The DMA shall assess charges and
fees at the same rate for each producer
that it serves.
(e) If a drawdown account is used,
CCC shall replenish the amount as
necessary as it is drawn down.
(f) The DMA must notify CCC of the
actual date on which the MAL is
disbursed.
§ 1421.419 Date storage credit begins on
DMA-handled loans.
Storage credit in favor of a producer
with respect to peanuts on a DMAhandled loan will begin on the date on
which DMA disburses the MAL to the
producer and not before.
§ 1421.420 Submitting MAL and LDP
documentation to FSA.
(a) Until such time as an alternative
FSA loan or LDP making system is made
available to DMA’s, within 3 business
days of any DMA prepared
disbursement, the DMA shall group
separately and submit to FSA:
(1) MAL’s with the same
disbursement date, peanut type,
warehouse code, and State where
peanuts were inspected; and
(2) LDP’s with the same LDP rate,
approval date, and peanut type.
(b) Each of the groups identified in
paragraph (a) of this section shall be
submitted to FSA with the following
documents:
(1) Individual paper warehouse
receipts or EWR numbers, and the EWR
provider’s name representing the
bundled MAL’s or LDP’s.
(2) A form to itemize receipts, and
other data, as required, or a preprocessed electronic file containing data
required by FSA.
(c) FSA may process each DMA
prepared MAL or LDP group for the
volume of peanuts on multiple receipts
as one MAL or LDP, waive the service
fee to the DMA, and either hold MAL
paper warehouse receipts, or verify that
CCC is holder of the EWR’s as of the
date of disbursement.
(d) In the case of an MAL, if CCC was
not the holder of the EWR on or before
the date the DMA prepared MAL was
disbursed, the applicable receipts shall
be rejected, and funds shall not be
distributed to the DMA drawdown
account until CCC becomes the holder
of the EWR.
(e) If MAL and LDP documentation is
acceptable, FSA will disburse MAL or
LDP funds to the DMA, with
appropriate supporting documentation.
§ 1421.421
MAL or LDP servicing.
(a) The DMA shall be responsible for
servicing MAL’s and are required to take
the following actions:
E:\FR\FM\10JNR1.SGM
10JNR1
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
(1) Send the producer a maturity
notice letter before MAL maturity.
(2) Maintain the MAL or LDP
documents according to FSA
requirements.
(3) Transmit the necessary funds to
repay the MAL to FSA.
(b) FSA shall process the CCC release
of paper receipts or EWR’s where such
a release is appropriate.
§ 1421.422
Inspections and reviews.
The books, documents, papers, and
records of the DMA and parent
company shall be maintained for six
years after the applicable crop year and
shall be made available to CCC for
inspection and examination at all
reasonable times. At any time after an
application is received, CCC shall have
the right to examine all books,
documents, papers, and determine
whether the DMA is operating or has
operated in accordance with the
regulations in this part, any articles of
incorporation, articles of association,
partnership documents, agreements
with producers, the representations
made by the DMA in its application for
approval, and, where applicable, its
agreements with CCC. If the DMA is
determined to be not complying with
this part or any of its agreements, CCC
will take appropriate action as provided
in elsewhere in this subpart or other
action CCC determines appropriate.
§ 1421.423
Appeals.
Parts 11 and 780 of this title apply to
this subpart.
Signed in Washington, DC, on May 25,
2005.
James R. Little,
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 05–11505 Filed 6–9–05; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. 04–091–2]
Addition of Malaysia To List of
Regions in Which Highly Pathogenic
Avian Influenza Subtype H5N1 Is
Considered To Exist
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
SUMMARY: We are adopting as a final
rule, without change, an interim rule
VerDate jul<14>2003
16:23 Jun 09, 2005
Jkt 205001
that amended the regulations
concerning the importation of animals
and animal products by adding
Malaysia to the list of regions in which
highly pathogenic avian influenza
(HPAI) subtype H5N1 is considered to
exist. We took that action to prevent the
introduction of HPAI subtype H5N1 in
the United States.
DATES: The interim rule became
effective on August 7, 2004.
FOR FURTHER INFORMATION CONTACT: Dr.
Julie Garnier, Staff Veterinarian,
Technical Trade Issues Team, National
Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737–1231; (301) 734–
5677.
SUPPLEMENTARY INFORMATION:
Background
Highly pathogenic avian influenza
(HPAI) is an extremely infectious and
fatal disease of poultry and a wide
variety of other birds. HPAI can strike
poultry quickly without any infection
warning signs and, once established, the
disease can spread rapidly from flock to
flock. In some instances, strains of HPAI
viruses can be infectious to people.
Human infections with AI viruses under
natural conditions have been
documented in recent years. Particularly
alarming is the HPAI strain of most of
these outbreaks, H5N1, which has
crossed the species barrier and caused
severe disease, with high mortality, in
humans. Recent outbreaks of HPAI in
Southeast Asia have caused significant
concern among health authorities
worldwide because of the potential for
the human and avian flu viruses to swap
genes, creating a new virus to which
humans would have little or no
immunity.
The Animal and Plant Health
Inspection Service (APHIS) of the
United States Department of Agriculture
(USDA or the Department) regulates the
importation of animals and animal
products into the United States to guard
against the introduction of animal
diseases. The regulations in 9 CFR parts
93, 94, and 95 (referred to below as the
regulations) govern the importation of
certain animals, birds, poultry, meat,
other animal products and byproducts,
hay, and straw into the United States in
order to prevent the introduction of
various animal diseases, including HPAI
subtype H5N1.
In an interim rule effective August 7,
2004, and published in the Federal
Register on February 1, 2005 (70 FR
5043–5044, Docket No. 04–091–1), we
amended the regulations in part 94 by
adding Malaysia to the list of regions in
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
33803
§ 94.6(d) where HPAI subtype H5N1
exists.
Comments on the interim rule were
required to be received on or before
April 4, 2005. We received one
comment by that date, from a private
citizen. The commenter supported the
interim rule.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule without change.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Order 12988, and the
Paperwork Reduction Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock,
Meat and meat products, Milk, Poultry
and poultry products, Reporting and
recordkeeping requirements.
PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE
DISEASE, AFRICAN SWINE FEVER,
CLASSICAL SWINE FEVER, AND
BOVINE SPONGIFORM
ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
Accordingly, we are adopting as a final
rule, without change, the interim rule
that amended 9 CFR part 94 and that was
published at 70 FR 5043–5044 on
February 1, 2005.
I
Done in Washington, DC, this 6th day of
June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–11504 Filed 6–9–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 319 and 381
[Docket No. 92–024F]
Rin 0583–AC82
Food Standards: Requirements for
Substitute Standardized Meat and
Poultry Products Named by Use of an
Expressed Nutrient Content Claim and
a Standardized Term
Food Safety and Inspection
Service, USDA.
ACTION: Final rule.
AGENCY:
E:\FR\FM\10JNR1.SGM
10JNR1
]]>Agencies
[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Rules and Regulations]
[Pages 33798-33803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11505]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1421
RIN 0560-AH20
Designated Marketing Associations for Peanuts
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule sets out regulations governing the use of designated
marketing associations in connection with the making of marketing
assistance loans for peanuts and the making of loan deficiency payments
in lieu of such loans. These regulations reflect current procedures
under broader regulations that precede this rule and specify when
storage credit begins for loans handled by designated marketing
associations.
DATES: Effective June 10, 2005.
FOR FURTHER INFORMATION CONTACT: Chris Kyer, Program Manager, Price
Support Division, FSA/USDA, STOP 0512, 1400 Independence Ave. SW.,
Washington, DC 20250-0512; telephone (202) 720-7935; facsimile (202)
690-3307; e-mail: chris.kyer@wdc.usda.gov. Persons with disabilities
who require alternative means of communication (Braille, large print,
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Background
This rule sets out regulations governing the use of ``designated
marketing associations'' (DMA's) by peanut producers in connection with
the Farm Security and Rural Investment Act of 2002, Public Law 107-171,
(``2002 Act''), in the making of marketing assistance loans (MAL's) and
loan deficiency payments (LDP's) in lieu of MAL's. Section 1307(a)(4)
of the 2002 Act provided for peanuts that such loans and LDP's could be
obtained through a DMA or a marketing cooperative of producers approved
by the Secretary, or the Farm Service Agency of the Department.
Regulations governing such loans and LDP's are codified in 7 CFR Part
1421 and include DMA provisions. Rules relating to the use of
cooperative marketing associations (CMA's) are found at 7 CFR Part
1425. This rule adds greater specificity to part 1421's DMA provisions
consistent with current procedures and reorganizes part 1421 by
designating a separate subpart for the DMA provisions. Also, the rule
specifies when storage credit may begin for DMA-handled loans. Also,
Sec. 1421.115 is renumbered as 1421.114 to reflect that the latter
number was not being used. Further, the authority citation for Part
1421 is updated.
Notice and Comment
Section 1601(c) of the Farm Security and Rural Investment Act of
2002 (2002 Act) provides that the administration of Title I of the 2002
Act shall be made 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.
Likewise, Section 1601 of the 2002 Act provides that in carrying out
the provisions exempting the administration of the program from notice
and comment, the Secretary shall use the authority provided under 5
U.S.C. section 808 of Title 5, United States Code. Under the latter
provisions, certain rules are exempted from possible Congressional
review before implementation where it is determined that going without
notice and public procedures are in the public interest. Such is the
case here, in light of the explicit provisions of Section 1601. In
addition, this rule simply sets out procedures for voluntary
participation by non-producers related to an ongoing program and the
new regulations reflect current policy. For those reasons as well,
delay in implementation would be contrary to the public interest.
Accordingly, this rule is made effective on publication.
Executive Order 12866
This rule has been designated as ``Not Significant'' under
Executive Order 12866, and has not been reviewed by the Office of
Management and Budget.
Federal Assistance Programs
The title and number of the Federal assistance program in the
Catalog of Federal Domestic Assistance to which this final rule applies
is 10.051--Commodity Loans and Loan Deficiency Payments.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this rule
because the Office of the Secretary, FSA and CCC are not 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 Assessment
The environmental impacts of this rule have been considered
consistent
[[Page 33799]]
with 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) regarding compliance with
NEPA, 7 CFR part 799. An environmental evaluation was completed and the
action has been determined not to have the potential to significantly
impact the quality of the human environment and no environmental
assessment or environmental impact statement is necessary. A copy of
the environmental evaluation is available for inspection and review
upon request.
Executive Order 12778
The final rule has been reviewed under Executive Order 12778. This
rule preempts State laws that are inconsistent with its provisions.
This rule is not retroactive. Before any judicial action may be brought
regarding this rule, all administrative remedies must be exhausted.
Executive Order 12372
This program is not subject to Executive Order 12372, which
requires 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 the Office of the Secretary, FSA and CCC
are not required by 5 U.S.C. 553 or any other law to publish a notice
of proposed rulemaking about the subject matter of this rule. Further,
this rule imposes no unfunded mandates, as defined in UMRA, on any
local, State, or tribal government or the private sector.
Paperwork Reduction Act
Section 1601(c) of the 2002 Act provides that the promulgation of
regulations and the administration of Title I of the 2002 Act shall be
made without regard to chapter 5 of title 44 of the United States Code
(the Paperwork Reduction Act). Accordingly, these regulations and the
forms, and other information collection activities needed to administer
the program authorized by these regulations, are not subject to review
by the Office of Management and Budget under the Paperwork Reduction
Act.
Government Paperwork Elimination Act
FSA 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 FSA in particular, to provide the
public the option of submitting information or transacting business
electronically to the maximum extent possible. The forms and other
information collection activities required for participation in the
program are not yet fully implemented for the public to conduct
business with FSA electronically. Currently, however, loan application
forms are available electronically through the USDA eForms Web site for
downloading. Applications from producers may be submitted to current
DMA, by mail or by FAX if appropriate FAX authorization forms are on
file. At this time, electronic submission of forms is also available
and producers, or DMA's acting on their behalf, may also file for e-
LDP's on line.
List of Subjects in 7 CFR Part 1421
Loan programs--agriculture, Peanuts.
0
For the reasons set out in the preamble, 7 CFR part 1421 is amended as
set forth below.
PART 1421--GRAINS AND SIMILARLY HANDLED COMMODITIES--MARKETING
ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR THE 2002 THROUGH
2007 CROP YEARS
0
1. The authority citation for 7 CFR part 1421 is revised to read as
follows:
Authority: 7 U.S.C. 7931 et seq.; 15 U.S.C. 714b, 714c.
0
2. In Sec. 1421.3, the definition of ``Designated marketing
association'' is revised to read as follows:
Sec. 1421.3 Definitions.
* * * * *
Designated Marketing Association (DMA) means an entity, or a
subsidiary thereof, that performs marketing functions for peanut
producers and is designated to handle marketing assistance loans and
loan deficiency payments for them. A DMA is eligible to perform those
functions only if the DMA meets the eligibility criteria set out
elsewhere in this part.
* * * * *
Sec. 1421.115 [Redesignated]
0
3. Section 1421.115 is redesignated as Sec. 1421.114.
Subpart E--[Redesignated]
0
4. Redesignate subpart E, Sec. Sec. 1421.5551 through 1421.5559, as
subpart F and add a new subpart E as follows:
Subpart E--Designated Marketing Associations for Peanuts
Sec.
1421.400 Applicability and abbreviations.
1421.401 Definitions.
1421.402 DMA responsibilities.
1421.403 DMA eligibility to process loans and loan deficiency
payments.
1421.404 DMA approval.
1421.405 Financial security.
1421.406 Liability.
1421.407 Reporting requirements.
1421.408 Suspension and termination.
1421.409 Prohibited activity.
1421.410 Monitoring payment limitations.
1421.411 Recordkeeping requirements.
1421.412 Forms.
1421.413 Powers of attorney.
1421.414 Liens and waivers.
1421.415 Producer request to a DMA for an MAL or LDP.
1421.416 Processing marketing assistance loans.
1421.417 Processing loan deficiency payments.
1421.418 Disbursing MAL and LDP proceeds.
1421.419 Date storage credit begins on DMA-handled loans.
1421.420 Submitting MAL and LDP documentation to FSA.
1421.421 MAL or LDP servicing.
1421.422 Inspections and reviews.
1421.423 Appeals.
Sec. 1421.400 Applicability and abbreviations.
(a) This subpart sets forth the terms and conditions under which an
entity which is a marketing association of peanut producers, or a
subsidiary of such an entity, may qualify to become an eligible
``designated marketing association'' or ``DMA'' qualified to process
peanut marketing assistance loans and peanut loan deficiency payments
for peanut producers. This subpart only applies with respect to peanut
loans and peanut loan deficiency payments. This subpart also specifies
when storage credit will begin with respect to peanuts under loans
handled by designated marketing associations.
(b) In addition to other abbreviations that may be used, the
following abbreviations apply to this subpart:
(1) CCC means the Commodity Credit Corporation.
(2) CMA means cooperative marketing associations which are the
subject of regulations in part 1425 of this chapter.
(3) DMA means designated marketing associations.
(4) EWR means electronic warehouse receipts.
[[Page 33800]]
(5) FSA means the Farm Service Agency of the U.S. Department of
Agriculture.
(6) LDP means loan deficiency payments as provided for in this
part.
(7) MAL means marketing assistance loans as provided in this part.
Sec. 1421.401 Definitions.
The definitions set forth in this section shall apply for purposes
of program administration under this subpart. The terms defined in this
part, in part 718 of this title, and in parts 1425 and 1427 of this
chapter shall also be applicable, except where those definitions
conflict with the definitions in this section.
Administrative County Office is the FSA County Office where a
producer's FSA records are maintained.
Control or Recording FSA County Office is the FSA County Office
that controls subsidiary files for producers designated as multi-county
producers.
Current net worth ratio means current assets minus current
liabilities, divided by current liabilities, based on the financial
statement provided in connection with a DMA application or a
recertification for DMA status.
DMA Service County Office is an FSA County Office designated by CCC
to accept, process, and disburse bundled peanut MAL's and LDP's to a
DMA. In the absence of a centralized MAL and LDP processing system for
peanuts, a service county FSA office is necessary for entering MAL's
and LDP's made by DMA's into CCC accounting systems.
Drawdown account is an account titled to the DMA at a financial
institution and funded at the discretion of CCC for the purpose of
allowing the DMA to advance funds to producers who have applied for
MAL's and LDP's before a subsequent MAL or LDP is made to the DMA by an
assigned FSA county office.
Electronic warehouse receipt or EWR means a receipt electronically
filed in a central filing system by an approved provider as provided in
an executed, ``Farm Service Agency Provider Agreement to Electronically
File and Maintain Warehouse Receipts.''
Security means a certified or cashier's check payable to CCC, an
irrevocable commercial letter of credit in a form acceptable to CCC, a
performance or surety bond conditioned on the DMA fully discharging all
of its obligations under this part, or other form of security as CCC
may deem appropriate.
Sec. 1421.402 DMA responsibilities.
(a) DMA's are eligible to process the marketing loans and loan
deficiency payments provided for in this part only for peanut producers
and only if the DMA and the producers and peanuts meet all eligibility
criteria set out in this part, including, but not limited to, the DMA
eligibility provisions of this subpart. In carrying out those
functions, DMA's must:
(1) Prepare and execute the appropriate CCC peanut MAL and LDP
application documents;
(2) Determine whether producers and the commodity are eligible for
MAL's and LDP's, including whether the otherwise eligible peanuts are
free and clear of all liens which DMA's shall determine by performing
lien searches at DMA's expense;
(3) Instruct the holder of EWR's, if applicable, to notify the EWR
provider to amend the EWR to show CCC is the holder;
(4) Receive MAL and LDP documents from a DMA Service County Office;
(5) Disburse peanut MAL's and LDP proceeds to eligible producers;
(6) Prepare and execute documents for MAL repayments;
(7) Collect loan repayments from producers or buyers and
transmitting these funds to CCC;
(8) Transmit documents to render forfeited collateral to CCC; and
(9) Collect data for reporting to CCC as required by CCC;
(b) As part of performing the responsibilities in paragraph (a) of
this section, DMA's shall:
(1) Become knowledgeable of and follow the procedures in CCC and
FSA peanut program regulations, applicable notices published in the
Federal Register, applicable FSA peanut program handbooks and
amendments thereto, and any applicable notices or instructions issued
by FSA and the Agricultural Marketing Service.
(2) Make and service CCC peanut MAL's and LDP's, only upon the
presenting by producers or their agents of the warehouse receipts,
unless otherwise directed by CCC.
(3) Attend, at the DMA's expense, DMA peanut MAL, and LDP program
training offered by CCC.
(4) Provide sufficient personnel, computer hardware, computer
communications systems, and software, as determined necessary by CCC,
to administer the peanut MAL and LDP program.
Sec. 1421.403 DMA eligibility to process loans and loan deficiency
payments.
(a) A DMA is eligible to process any marketing assistance loan or
loan deficiency payments only if approved in advance to handle such
matters by the Farm Service Agency pursuant to this part; and:
(1) The DMA meets the financial requirements and other requirements
in this subpart and part;
(2) The DMA is comprised solely of peanut producers or is a
subsidiary of an organization of peanut producers;
(3) The DMA is not controlled directly or indirectly by a person or
entity that acquires peanuts for processing or crushing through a
business involved in buying and selling peanuts or peanut products;
(4) The DMA does not take title at any time to any peanuts for
which it processes loans or loan deficiency payments, irrespective of
whether such title is taken before or after those activities are
performed. If such title or interest is taken, the DMA shall be
responsible to return to CCC the full amount of the CCC proceeds
disbursed with respect to the peanuts; and
(5) The DMA meets any additional requirements imposed by CCC or
FSA.
(b) The DMA's activities under this part shall be conducted only
with respect to peanuts and only for producers and peanuts that meet
all the eligibility requirements of this part. Such requirements
include, but are not limited to, the requirement of Sec. 1421.6 that
the producer must have the beneficial interest in the peanuts while the
peanuts are under loan or when the loan deficiency payment is received
and must be the only person that has had such an interest in the
peanuts prior to that time except as allowed by Sec. 1421.6.
Sec. 1421.404 DMA approval.
(a) Entities wishing to apply to be a DMA enabled to perform loan
and loan deficiency functions under this part for peanuts must submit
an application for such approval to FSA in a form approved by CCC. That
application shall include the following:
(1) Two originals of a properly executed Designated Marketing
Association agreement containing the terms and conditions prescribed by
CCC.
(2) A financial statement of not less than 1 year old on the date
submitted, including accompanying notes, schedules, or exhibits,
certified by a certified public accountant as fairly representing the
entity's financial condition.
(3) The entity's tax identification number.
(4) A copy of any applicable incorporating or partnership
documents.
(5) The applicant entity's mailing address, electronic mail
address, and telephone number and facsimile number.
(6) Any and all information requested by CCC regarding the DMA's
materials,
[[Page 33801]]
and equipment as CCC determines is necessary for the applicant to
perform the services for which the approval to perform is sought.
(7) A narrative explaining how the proposed DMA entity or parent
entity provides marketing services to peanut producers.
(8) Any additional information or financial security requested by
the Agency.
(b) Applicants are responsible for notifying FSA when any changes
occur to their operations requiring amendments to their application or
supporting documents.
Sec. 1421.405 Financial security.
In order to be approved to handle loans and loan deficiency
payments, the DMA must:
(a) Have a current net worth ratio of at least 1:1.
(b) Provide security equal to $100,000 or a greater amount as
determined by CCC.
Sec. 1421.406 Liability.
(a) DMA's shall indemnify CCC against any claim or loss by CCC in
connection with the processing of any MAL's or LDP's or other activity
carried out by the DMA. If CCC pays any claim or suffers a loss as a
result of the actions of DMA, or if a refund otherwise becomes due to
CCC, payment in the amount of such losses or refund, plus interest, may
be set-off by CCC from the financial security provided by DMA as
required by this subpart. If the amount of the loss exceeds the amount
of the financial security, such amount shall be paid to CCC by DMA with
interest. Interest and other charges may be assessed consistent with
Sec. 1403.9 of this chapter. Remedies provided in this section or part
are in addition to other remedies or penalties, whether civil, criminal
or otherwise, as may apply.
(b) If a DMA becomes liable to CCC under paragraph (a) of this
section or otherwise in connection with this subpart, such DMA shall
not be eligible to process a LDP or MAL until the claim amount owed CCC
is paid in full, and the full amount of financial security required by
this subpart has been restored.
Sec. 1421.407 Reporting requirements.
(a) Report of changes. A DMA shall furnish information to CCC
within thirty calendar days relating to any substantial change in the
DMA operations including but not limited to the following:
(1) A change in its articles of incorporation;
(2) A resolution affecting loan or LDP operations.
(3) A change to the DMA's name, address, phone number, or related
information on the DMA agreement.
(b) Other Information. The DMA shall supply such additional
information as CCC may request related to the DMA's continued approval
by CCC to process loans and LDP's under the authority provided in this
subpart.
(c) CCC request for information. CCC may require a DMA to submit
updated information, a new application, or a request for
recertification whenever CCC becomes aware of any changes or has any
reason to be uncertain that the DMA is operating in a manner that is
consistent with the information already submitted, or consistent with
this part.
(d) Annual recertification. Within 4 months after the end of the
DMA's fiscal year, a DMA must submit the following information to CCC:
(1) A current financial statement prepared according to generally
accepted accounting principles;
(2) A report of audit or review of the financial statement
conducted by an independent Certified Public Accountant. The
accountant's report of audit or review shall include the accountant's
certifications, assurances, opinions, comments, and notes with respect
to such financial statements.
(3) Additional financial security as determined by CCC, if the
financial security on file with CCC does not meet current requirements
or has expired.
(4) A report of changes as required under paragraph (a) of this
section.
(e) Activity report. DMA's shall provide CCC reports of MAL and LDP
volume and benefit earnings made by the DMA for individual producers,
and gains received on behalf of each peanut producer, in a format as
directed by CCC.
Sec. 1421.408 Suspension and termination.
(a) Suspension. If CCC determines that a DMA is not in compliance
with the DMA agreement CCC may suspend the DMA from making peanut MAL's
and LDP's until the DMA corrects the violation, or longer.
(b) Termination. The DMA agreement may be terminated by the DMA
upon 30-calendar day's written notice to CCC. CCC may cancel the
agreement at any time. Upon termination DMA shall immediately cease
processing MAL or LDP requests and documents except as needed to
preserve CCC's position with respect to existing loans or LDP's.
Sec. 1421.409 Prohibited activity.
(a) DMA's approved to handle loans under this subpart may not:
(1) Discriminate against or deny any producer from receiving MAL's
or LDP's because of race, color, national origin, gender, religion,
age, disability, political beliefs, sexual orientation, and marital or
family status for which they would otherwise be eligible under the
statutes regulating the MAL and LDP program.
(2) Pool peanuts for the purpose of obtaining peanut MAL's or LDP's
from CCC.
(3) Pool the proceeds obtained from peanut MAL's or LDP's made by
CCC.
(4) Process farm-stored certified or measured MAL's or LDP's unless
authorized by CCC.
(5) Take title to any peanuts.
(6) Operate the DMA under the same entity and tax identification
number of a CCC-approved CMA.
(7) Refuse services to producers because the DMA was not granted a
power of attorney for purposes of executing MAL documents to obtain
MAL's for the producer, repaying the MAL for the producer, obtaining
LDP's for the producer, or marketing the producer's peanuts.
(8) Adopt any scheme or device to circumvent the purpose of the
peanuts MAL and LDP program regulations, the regulation governing
DMA's, or the DMA's agreement with CCC.
(9) Process MAL's or LDP's for producers involved in a bankruptcy
proceeding unless authorized by CCC.
(10) Process MAL's or LDP's on ineligible peanuts.
(b) If the prohibitions of this section are violated FSA or CCC may
take one or more of the actions authorized in this part or otherwise
authorized.
Sec. 1421.410 Monitoring payment limitations.
DMA's shall monitor potential gains for producers and not disburse
proceeds or permit loan repayments in lieu of forfeitures of the
peanuts that would produce a gain over the per person per year limit
allowed to the producer by this part and part 1400 of this chapter or
which would otherwise be prohibited.
Sec. 1421.411 Recordkeeping requirements.
A DMA shall maintain producer MAL and LDP paper documents and
electronic records for an indefinite period unless otherwise notified
by CCC.
Sec. 1421.412 Forms.
For purposes of conducting business related to this part, a DMA
shall use either current CCC forms or other forms approved by CCC. A
DMA may perform functions under this part only when approval has been
obtained by CCC.
Sec. 1421.413 Powers of attorney.
DMA's may hold a power of attorney from a producer allowing the DMA
to
[[Page 33802]]
sign MAL and LDP documents for the producer, but DMA's may obtain and
hold such powers only in accordance with the requirements of CCC
governing such powers.
Sec. 1421.414 Liens and waivers.
DMA's performing loan-related functions pursuant to the authority
in this subpart shall determine, to the same extent as required for
loans handled by FSA county offices, whether a lien on the peanuts
exists by performing or obtaining a lien search for all peanuts to be
pledged for each MAL, except that the cost associated with such lien
search and any necessary lien waivers shall be borne by the DMA. If a
lien exists, the DMA shall obtain, on an approved CCC form, a signed
waiver from each lienholder with an interest in any such lien.
Sec. 1421.415 Producer request to a DMA for an MAL or LDP.
Peanut producers or their authorized agent may request that an MAL
or LDP be processed by a DMA only if the DMA is approved under this
subpart to process such a request and only if the producer supplies to
the DMA:
(a) Beneficial interest information. Beneficial interest must be
maintained by the producer according to Sec. 1421.6 for the peanuts to
be eligible for MAL or LDP; accordingly, the producer must supply to
the DMA such information as it needed to make that determination.
(b) Warehouse receipts and lien information. Producers must supply
for all peanuts either individual paper warehouse receipts in the
producer's name or an electronic warehouse receipt (EWR) number and
provider's name. Producers must supply relevant lien information
regarding the peanuts; however, the producer's obligation in this
regard does not relieve the DMA from making the appropriate lien
search.
Sec. 1421.416 Processing marketing assistance loans.
DMA's shall take the following actions in the following order when
an application for an MAL is filed:
(a) Make all the determinations that are a precondition for a loan,
including lien determinations and if requested by the producer, enter
into a power of attorney agreement with the producer.
(b) If there is an EWR for the peanuts, instruct the current holder
to notify the electronic warehouse receipt provider to amend the
electronic warehouse receipt to show the DMA as holder. If a paper
receipt is involved, the DMA must obtain the receipt (and later, at the
appropriate time include the receipt in the documents delivered to the
CCC).
(c) Complete all MAL forms.
(d) After the producer or the person holding the power of attorney
for the producer signs MAL document, provide the signatory with copies
of the documents.
(e) Where there is an EWR for the peanuts notify the EWR provider
to make CCC the holder of the EWR and secure an affirmation verifying
that CCC has been made the holder of the EWR.
Sec. 1421.417 Processing loan deficiency payments.
(a) DMA's shall take the following actions in the following order
when an application for an LDP is filed:
(1) In addition to other determinations as must be made, the DMA
shall determined whether the producer has sufficient remaining
eligibility under the applicable payment limit to allow the receipt of
the LDP. If there is not sufficient eligibility, the DMA must refuse to
process the request;
(2) If EWR's are applicable for the peanuts for which the LDP is
sought, the DMA must instruct the current holder to notify the EWR
provider to amend the EWR to show that the peanuts were used to obtain
an LDP;
(3) The DMA must insure that the producer or the person holding the
power of attorney for the producer signs the LDP documents; and
(4) If the peanuts and the producer are eligible for the loan and
all other conditions have been met, the DMA may disburse funds to the
producer subject to the time limits set out elsewhere in this part.
(b) The LDP rate applicable to the LDP request will be the rate in
effect on the date the DMA receives the request except as may otherwise
be provided for in this part.
Sec. 1421.418 Disbursing MAL and LDP proceeds.
(a) A DMA may request that CCC establish a drawdown account from
which to disburse MAL and LDP amounts to producers, and designate the
financial institution they wish to use.
(b) CCC will determine whether a drawdown account is justified and
the amount of the account.
(c) If there is no drawdown account, MAL and LDP proceeds shall be
distributed to the producer within 3 work days from the date the DMA
receives MAL or LDP proceeds from CCC, after deduction of authorized
charges or fees for services. If there is a drawdown account, the MAL
and LDP proceeds shall be distributed to the producer within 3 days of
the completion of the application.
(d) The DMA shall assess charges and fees at the same rate for each
producer that it serves.
(e) If a drawdown account is used, CCC shall replenish the amount
as necessary as it is drawn down.
(f) The DMA must notify CCC of the actual date on which the MAL is
disbursed.
Sec. 1421.419 Date storage credit begins on DMA-handled loans.
Storage credit in favor of a producer with respect to peanuts on a
DMA-handled loan will begin on the date on which DMA disburses the MAL
to the producer and not before.
Sec. 1421.420 Submitting MAL and LDP documentation to FSA.
(a) Until such time as an alternative FSA loan or LDP making system
is made available to DMA's, within 3 business days of any DMA prepared
disbursement, the DMA shall group separately and submit to FSA:
(1) MAL's with the same disbursement date, peanut type, warehouse
code, and State where peanuts were inspected; and
(2) LDP's with the same LDP rate, approval date, and peanut type.
(b) Each of the groups identified in paragraph (a) of this section
shall be submitted to FSA with the following documents:
(1) Individual paper warehouse receipts or EWR numbers, and the EWR
provider's name representing the bundled MAL's or LDP's.
(2) A form to itemize receipts, and other data, as required, or a
pre-processed electronic file containing data required by FSA.
(c) FSA may process each DMA prepared MAL or LDP group for the
volume of peanuts on multiple receipts as one MAL or LDP, waive the
service fee to the DMA, and either hold MAL paper warehouse receipts,
or verify that CCC is holder of the EWR's as of the date of
disbursement.
(d) In the case of an MAL, if CCC was not the holder of the EWR on
or before the date the DMA prepared MAL was disbursed, the applicable
receipts shall be rejected, and funds shall not be distributed to the
DMA drawdown account until CCC becomes the holder of the EWR.
(e) If MAL and LDP documentation is acceptable, FSA will disburse
MAL or LDP funds to the DMA, with appropriate supporting documentation.
Sec. 1421.421 MAL or LDP servicing.
(a) The DMA shall be responsible for servicing MAL's and are
required to take the following actions:
[[Page 33803]]
(1) Send the producer a maturity notice letter before MAL maturity.
(2) Maintain the MAL or LDP documents according to FSA
requirements.
(3) Transmit the necessary funds to repay the MAL to FSA.
(b) FSA shall process the CCC release of paper receipts or EWR's
where such a release is appropriate.
Sec. 1421.422 Inspections and reviews.
The books, documents, papers, and records of the DMA and parent
company shall be maintained for six years after the applicable crop
year and shall be made available to CCC for inspection and examination
at all reasonable times. At any time after an application is received,
CCC shall have the right to examine all books, documents, papers, and
determine whether the DMA is operating or has operated in accordance
with the regulations in this part, any articles of incorporation,
articles of association, partnership documents, agreements with
producers, the representations made by the DMA in its application for
approval, and, where applicable, its agreements with CCC. If the DMA is
determined to be not complying with this part or any of its agreements,
CCC will take appropriate action as provided in elsewhere in this
subpart or other action CCC determines appropriate.
Sec. 1421.423 Appeals.
Parts 11 and 780 of this title apply to this subpart.
Signed in Washington, DC, on May 25, 2005.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 05-11505 Filed 6-9-05; 8:45 am]
BILLING CODE 3410-05-P
