Commodity Credit Corporation 2006 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency and the Commodity Credit Corporation are seeking comments from all interested individuals and organizations on the extension of a currently approved information collection used in support of the Noninsured Crop Disaster Assistance Program (NAP). The information collected is needed to determine eligibility to obtain NAP assistance.

This notice implements section 3011 of the Emergency Agricultural Disaster Assistance Act of 2006 (2006 Act) which authorizes the 2005 Louisiana Sugarcane Hurricane Disaster Assistance Program (2005 Program). The 2005 Program requires the Commodity Credit Corporation (CCC) to provide compensation totaling $40 million to Louisiana sugarcane producers and processors who suffered economic losses from the cumulative effects of Hurricanes Katrina and Rita in August and September of 2005. CCC will make $29 million in payments for 2005-crop (Fiscal Year 2006) losses to affected sugarcane processors, who shall share these payments with affected producers in a manner reflecting current contracts between the two parties. In addition, CCC will make payments of $10 million to compensate affected sugarcane producers for losses that are suffered only by producers, including losses due to saltwater flooding, wind damage, or increased planting, replanting, or harvesting costs. The funds for ``producer-only losses'' will be paid to processors, who will then disburse payments to affected producers without regard to contractual arrangements for dividing sugar revenue. CCC is reserving $1 million in the event of appeals and will disburse the residual, if any, to processors, who will then disburse payments to producers in a manner reflecting current contracts between the two parties. This notice provides eligibility criteria and application procedures that will be used to conduct this program.

This rule amends the regulations of the Commodity Credit Corporation (CCC) governing payment limitation and payment eligibility and the limitation on the maximum allowable adjusted gross income (AGI) for program participants. Currently, 7 CFR part 1400, subpart G, exempts Indian tribes from all requirements of the AGI limitation for payment eligibility without providing a definition of Indian tribe. This rule defines ``Indian tribe'' consistent with the definition used by the United States Department of the Interior, Bureau of Indian Affairs (BIA), and other rules utilized by CCC, FSA and the Natural Resources Conservation Service (NRCS) in their programs.

This notice sets forth the final 2005-crop and initial 2006- crop cane state allotments and company allocations to sugarcane and sugar beet processors. The 2005-crop year runs from October 1, 2005, through September 30, 2006 (fiscal year (FY) 2006). The 2006-crop (FY 2007) cane state allotments and company allocations are based on an 8.750 million short tons, raw value (STRV) overall allotment quantity (OAQ) of domestic sugar. These actions apply to all domestic sugar marketed for human consumption in the United States from October 1, 2006, through September 30, 2007. Although CCC already has announced all of the information in this notice, CCC is statutorily required to publish in the Federal Register determinations establishing, adjusting, or suspending sugar marketing allotments.

This document corrects a change made by a final rule published October 31, 2006 amending the regulations for the 2005 Dairy Disaster Assistance Payment Program (DDAP-II). A correction is needed because the final rule of October 31 incorrectly numbered the sections of the new subpart E that was added to 7 CFR part 1430.

This rule sets forth the regulations for the 2005 Dairy Disaster Assistance Payment Program. This program will assist dairy producers by providing payments to those who suffered dairy production and milk spoilage losses due to hurricanes or a related condition in 2005.

The Commodity Credit Corporation (CCC) is issuing a Finding of No Significant Impact (FONSI) with respect to the implementation of the Emergency Forestry Conservation Reserve Program (EFCRP). EFCRP provides cost-share assistance for cleanup and replanting for those owners or operators of non-industrial forest land and school trust land that experienced a loss of 35 percent or more of merchantable timber directly related to hurricanes that occurred during the 2005 calendar year.

The Commodity Credit Corporation (CCC) is soliciting comments and views on whether to revise the regulations at 7 CFR part 1435 for the purpose of regulating the marketing of sugar derived from imported beet thick juice.

This rule amends regulations governing the cotton Marketing Assistance Loan Program of the Commodity Credit Corporation (CCC). The changes provide that bales of upland cotton pledged as collateral for CCC loans may be stored outside at warehouses approved by CCC subject to special storage, protection, receipting, and reporting requirements and loss of any applicable storage credits for the period stored outside. Second, the rule provides that producers or their agents may transfer cotton loan collateral to another approved location. Third, the rule provides limits on the amount of storage credits provided to producers when an upland cotton marketing assistance loan is repaid. Fourth, the rule requires ginned cotton to meet the definition of good condition and not be wet cotton in order to be eligible for a CCC loan. Fifth, this rule requires any unpaid warehouse compression charges to be billed to producers on loan cotton collateral that is delivered to CCC in satisfaction of the loan obligation. Sixth, this rule defines a minimum acceptable shipping standard for cotton warehouses. This rule also corrects and clarifies the Marketing Assistance Loan (MAL) and Loan Deficiency Payment (LDP) Program regulations of CCC regarding loss of beneficial interest in commodities delivered to certain facilities engaged in storing and handling commodities under those programs.

The Commodity Credit Corporation (CCC) is reopening and extending the comment period for the subject proposed rule. The original comment period for the proposed rule closed August 2, 2006, and CCC is reopening and extending it for 60 days from the date of this notice. CCC also will consider any comments received from August 2, 2006, to the date of this notice. This action responds to requests from the public to provide more time to comment on the proposed rule.

This proposed rule would establish regulations applicable to the Quality Samples Program (QSP). The proposed regulations set forth details concerning program administration, including participant eligibility, application requirements, review and allocation process, reimbursement rules and procedures, and program controls.

On behalf of the Commodity Credit Corporation (CCC), the Natural Resources Conservation Service (NRCS), hereafter referred to as the Agency, is amending the Interim Final Rule implementing the Farm and Ranch Lands Protection Program (FRPP) at 7 CFR part 1491 to clarify certain program policies and legal requirements. Specifically, the Agency is addressing policy and legal requirements in eight areas: Fair market value definition; program eligibility as to forest lands; the nature of the real property rights the United States is acquiring and how it will exercise those rights; compliance with Department of Justice (DOJ) Title Standards; exercising United States' rights; the implementation of Federal appraisal requirements required by the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970; impervious surface limitations on the easement area; and indemnification requirements. NRCS requests comments on this amendment. Cooperative agreements signed on or after the publication of this Interim Final Rule will be administered. This rule is being published as an Interim Final Rule, with request for comments under the authority of section 2702 of the Farm Security and Rural Investment Act of 2002, Pub. L. 107-17, which allows the promulgation of an Interim Final Rule effective upon publication. The Agency made a determination that publishing this Interim Final Rule is appropriate and necessary given the fact that this rule is making program changes to address and clarify existing Federal law and policy requirements.

This rule amends regulations of the Commodity Credit Corporation (CCC) relating to marketing procedures for commodities in CCC inventory to update agency provisions and provide for commodity sales through Internet-based marketing systems. This rule is intended to modernize and streamline CCC commodity marketing procedures.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Commodity Credit Corporation (CCC) to request an extension of a currently approved information collection in support of Export Enhancement Program (EEP) and Dairy Export Incentive Program (DEIP).

This rule proposes changes to the regulations governing the Marketing Assistance Loan Programs of the Commodity Credit Corporation (CCC) that are authorized by the Farm Security and Rural Investment Act of 2002 (2002 Act). CCC is proposing to no longer require a Federally- licensed warehouse operator, or in a State with a warehouse licensing programs, a State-licensed warehouse operator to execute a CCC storage agreement. Nothing in this proposed rule will affect the administration of the United States Warehouse Act by USDA.

This notice advises warehouse operators operating under a Commodity Credit Corporation (CCC) Peanut Storage Agreement of provisions that may not be altered, even through changes made to the public tariff of the warehouse. When CCC transfers title to CCC-owned peanuts in store (i.e., to a third-party buyer), the storage and handling rates applicable to CCC must remain applicable to the transferee under the terms of the Peanut Storage Agreement. Also, warehouse operators must load out, or transfer instore, the total loan value of the peanuts represented on the warehouse receipt, calculated by using USDA's Price Table File for the applicable crop year. This value is not subject to a subsequent shrink factor. The delivery obligation created by issuing the warehouse receipt may not be altered for any reason or by any method, including public tariffs.

This document corrects the final rule published on June 6, 2006, amending the regulations for the Marketing Assistance Loan (MAL) and Loan Deficiency Payment (LDP) Program of the Commodity Credit Corporation (CCC). A correction is needed because an amendatory instruction inadvertently amended the wrong paragraphs.

This final rule amends the Conservation Reserve Program (CRP) regulations to implement provisions of Public Law 109-148 (2006 Act) that provide for enrollment in the CRP of private non-industrial forest land that experienced a loss of 35 percent or more of merchantable timber in the States suffering forestry damage directly related to hurricanes Katrina, Ophelia, Rita, Dennis, and Wilma.

This notice sets forth the establishment and adjustments to the sugar overall allotment quantity (OAQ) for the 2005-crop year (FY 2006) which runs from October 1, 2005 through September 30, 2006. Although CCC already announced all of the information in this notice, CCC is statutorily required to publish in the Federal Register determinations establishing or adjusting sugar marketing allotments. CCC set the 2005-crop OAQ to 8.600 million short tons raw value (STRV) on August 12, 2005. On August 19, 2005, CCC allocated the cane sector allotment to cane-producing States and cane processors and reassigned an expected cane supply shortfall of 120,000 STRV to imports. On September 29, 2005, CCC increased the OAQ to 8.825 million STRV and reassigned another 276,000 STRV of expected cane shortfall to imports. The next day, CCC announced the FY 2006 beet company allocations. On December 2, 2006, CCC reassigned another 450,000 STRV of an updated cane supply shortfall to imports. On February 2, 2006, CCC increased the OAQ to 9.350 million STRV and reassigned 500,000 STRV of the anticipated domestic supply deficit to imports. The revised FY 2006 cane state allotments and cane and beet sugar processor allocations were announced on March 22, 2006.

This notice announces the termination of the Upland Cotton User Marketing Certificate Program, commonly referred to as the Step 2 Program.

This rule amends the regulations for the Milk Income Loss Contract (MILC) Program as authorized by the Agriculture Reconciliation Act of 2005 to extend the program from October 1, 2005, to September 30, 2007. This rule also decreases the percentage rate for the payment calculation and removes the transition rule required at the beginning of the program.

This proposed rule proposes additional changes related to a proposed rule published by the Commodity Credit Corporation (CCC) on December 16, 2005, entitled ``Procurement of Commodities for Foreign Donation,'' to specifically recognize CCC's obligations under the cargo preference legislation of the Merchant Marine Act, 1936 and to clarify the ``extenuating circumstances'' that may preclude awards on the basis of lowest-landed cost. CCC is also re-opening and extending the comment period on the proposed rule to accord interested persons an opportunity to comment thereon.

In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) is seeking comments from all interested individuals and organizations on the extension with revision of a currently approved information collection in support of the Farm Storage Facility Loan Program.

This notice announces the intention of the Farm Service Agency (FSA) to request an extension and revision for an information collection currently approved and used in of farm reconstitutions.

This document corrects the final regulations published on March 31, 2005, and May 25, 2005, that provided the regulations for the 2003-2004 Livestock Assistance Program (LAP), and American Indian Livestock Feed Program (AILFP). This correction clarifies that all eligible cattle must be intended for food use.