[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-16111] Federal Register / Vol. 59, No. 127 / Tuesday, July 5, 1994 / [[Page Unknown]] [Federal Register: July 5, 1994] VOL. 59, NO. 127 Tuesday, July 5, 1994 DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1421 RIN 0560-AD74 General Price Support Regulations for Grain, Rice, and Oilseeds for 1993 and Subsequent Crop Years AGENCY: Commodity Credit Corporation, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This interim rule amends the regulations with respect to the price support loan programs for grains and similarly handled commodities, including oilseeds (canola, mustard seed, rapeseed, safflower seed, soybeans, and sunflower seed), which are conducted by the Commodity Credit Corporation (CCC) in accordance with the Agricultural Act of 1949, as amended (the 1949 Act), and other acts. The amendments made by this interim rule will provide greater clarity, enhance the administration of CCC programs by providing uniformity between CCC price support programs, eliminate obsolete provisions, provide more authority to State and county committees in administering the programs, lessen the administrative actions CCC imposes on producers who violate the loan and loan deficiency payment (LDP) agreements, and correct errors. DATES: Interim rule effective July 5, 1994. Comments must be received on or before August 4, 1994, in order to be assured of consideration. ADDRESSES: Submit comments to Director, Cotton, Grain, and Rice Price Support Division, Agricultural Stabilization and Conservation Service, United States Department of Agriculture (USDA), PO Box 2415, Washington, DC 20013-2415; telephone 202-720-7641. Comments received may be inspected between 9 a.m. and 4:30 p.m., Monday through Friday, except holidays, in room 3623, South Agriculture Building, USDA, 14th Street and Independence Avenue, Washington, DC. FOR FURTHER INFORMATION CONTACT: Margaret Wright, Program Specialist, Cotton, Grain, and Rice Price Support Division, Agricultural Stabilization and Conservation Service, USDA, PO Box 2415, Washington, DC 20013-2415; telephone 202-720-8481. 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 OMB. Federal Assistance Program The title and number of the Federal Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies are Commodity Loans and Purchases--10.051. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable because the CCC is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of these determinations. Environmental Evaluation It has been determined by an environmental evaluation that this action will have no significant impact on the quality of human environment. Executive Order 12372 This program 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). Executive Order 12778 This interim rule has been reviewed pursuant to Executive Order 12778. To the extent State and local laws are in conflict with these regulatory provisions, it is the intent of CCC that the terms of the regulations prevail. The provisions of this interim rule are not retroactive. Prior to any judicial action in a court of competent jurisdiction, administrative review under 7 CFR part 780 must be exhausted. Paperwork Reduction Act Public reporting burden for the information collections contained in this regulation with respect to price support programs is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collections of information. The information collections have previously been cleared under the current regulations by the Office of Management and Budget (OMB), and assigned OMB Nos. 0560-0087 and 0560-0129. In accordance with the provisions of 44 U.S.C. 35, the information collection requirements that are revised as a result of this rule will be resubmitted to OMB for review. Comments Since producers are currently making decisions regarding commodities which may be pledged as collateral for CCC price support loans, the provisions of this interim rule are effective upon publication in the Federal Register. Comments are requested, however, and will be taken into consideration when developing the final rule. This interim rule will be scheduled for review so that a final document discussing comments received and any amendments required can be published in the Federal Register as soon as possible. Background The 1949 Act sets forth the statutory authority for CCC price support programs. CCC price support programs are intended to stabilize market prices and provide interim financing to producers to assist in the orderly marketing of eligible commodities. This interim rule amends regulations found at 7 CFR part 1421 to provide rules for administering CCC price support programs for the 1993 and subsequent crop years. Section 1421.1 is amended to remove the reference to soybeans. Soybeans are already included because they are defined as an oilseed in Sec. 1421.3. Section 1421.3 is amended to: (a) Add the reference to part 1425; (b) clarify that the definitions in this part apply if there are any conflicts with the referenced parts; and (c) add a definition of high moisture commodities. This interim rule amends Sec. 1421.4(b) to add references to a receiver, guardian, or trustee which were inadvertently omitted. In addition, Sec. 1421.4(f) is amended to remove an obsolete reference. Section 1421.5(b)(1) is amended to clarify the application of the provision of the paragraph to loans, purchases, and LDP's and Sec. 1421.5(b)(4)(iv) to correct the unit of measure for peanuts to tons and hundredths of a ton. Section 110 of the 1949 Act sets forth the statutory authority for the farmer owned reserve (FOR) program for wheat and feed grains. Producers with regular 9-month nonrecourse price support loans are eligible to enter the FOR upon maturity of the regular loan. Producers may repay regular 9-month loans and repledge the commodity pledged as collateral for such initial loan for a subsequent loan. Under current program regulations, the maturity date for the subsequent loan is the same as the maturity date for the initial 9-month loan. Section 110(b)(1) of the 1949 Act provides, in part, that ``an extended loan shall only be made to a producer after the expiration of a 9-month price support loan * * *.'' Accordingly, under current program regulations, grain pledged as collateral for a subsequent loan is not eligible to be pledged as collateral for a FOR loan because the grain is not placed into the FOR ``after the expiration of a 9-month price support loan''. This interim rule amends Sec. 1421.5(d)(2) to provide that CCC may allow producers to extend price support loans which are less than 9 months in length because the collateral securing such loan had been previously pledged as collateral for a price support loan so that the maturity date for such subsequent loan is the last day of the ninth month following the month such subsequent loan was disbursed. This would permit producers having such a loan to enter into the FOR upon maturity if all other eligibility requirements are met. This interim rule amends Sec. 1421.7 by removing paragraph (b) and redesignating paragraphs (c) and (d) as paragraphs (b) and (c), respectively. The weed control provisions are removed because CCC has determined that weed control laws do not affect the value of a commodity. In addition, this interim rule amends Sec. 1421.7(c)(1) to include rice and to remove the reference to the weed control law discounts. Section 1421.7 is also amended to redesignate paragraph (c)(3) as (c)(4) and add a new paragraph (c)(3), which was inadvertently omitted, which includes the method to determine the loan rate for rice based on the milling yield. This interim rule amends Sec. 1421.8(b)(2) to remove an incorrect reference to the United States Warehouse Act. This interim rule amends Sec. 1421.9(f)(2)(iv) by removing paragraph (G) to correct an error. Rice has not been stored identity preserved for many years. This interim rule amends Secs. 1421.9(f)(2)(xiv)(B)(5)(v) and 1421.18(b)(15)(ii)(G) to correct the terminology that the sunflower seed must pass through a \14/64\'' round hole screen. This interim rule amends Sec. 1421.11(a) to correct a typographical error. Provisions for taking administrative offsets are provided in part 3 of this title and part 1403 of this chapter. Accordingly, this interim rule removes and reserves Sec. 1421.14. This interim rule amends Sec. 1421.16 (a) and (c) to include applicable references to Forms CCC-666, CCC-666 LDP, CCC-678, and CCC- 709 and to remove incorrect references to Forms CCC-700 and CCC-701. Producers who violate the loan note and security agreement by moving farm-stored loan collateral from the structures designated for the storage of such loan collateral, without prior written consent of the county committee, are subject to liquidated damages. In some cases, the collateral is moved to other structures on the farm which makes it possible for CCC to perfect its security on such collateral. CCC has determined that when such security can be established, producers should not be subject to such liquidated damages. Accordingly, this interim rule amends Sec. 1421.16(b)(2) to clarify that unauthorized removal only includes cases where CCC cannot obtain the first lien on the collateral. It is difficult to prove the amount of damages to CCC for loan and LDP violations committed by producers; however, 20 and 50 percent of the loan and LDP rates, as applicable, were established for first and second violations, respectively, when the county committee determined that the producer acted in good faith. CCC has determined that the liquidated damages can be reduced without affecting the administration of the loan and LDP programs. Accordingly, this interim rule amends Sec. 1421.16 to: (a) Decrease the liquidated damages amounts; and (b) add paragraph (q) to provide that any or all of the liquidated damages may be waived under certain conditions. In addition, under certain conditions, producers who violate loan and LDP provisions may be denied loans and LDP's on commodities stored on the farm. CCC has determined that this penalty is severe and should only be assessed when the county committee determines that such action is necessary to protect the interests of CCC. Accordingly, in Sec. 1421.16, paragraphs (d) and (e) have been amended to remove the requirement for denial of farm-stored loans or LDP's and paragraphs (k) and (l) have been amended to clarify that producers must pay the liquidated damages assessed and such amounts cannot be repaid with a commodity certificate under the provisions of part 1470 of this chapter. Section 1421.17 provides requirements for farm-stored commodities. Section 1421.17 is amended as follows: (a) Paragraph (a) has been amended to clarify that the reduced quantity for loan shall be the mortgaged loan quantity; (b) paragraph (c)(1) has been amended to clarify that, when farm-stored loans are transferred from the farm to warehouse storage, the warehouse-stored quantity cannot exceed 110 percent of the loan quantity transferred from the farm-stored loan; (c) paragraph (c)(3) has been amended to correct a reference; and (d) paragraph (e) has been amended to include a reference to Form CCC-709 which was omitted. This interim rule amends Sec. 1421.18 to correct the following errors: (a) paragraph (b)(12)(iv)(B) has been amended to correct the spelling of ``green''; (b) paragraph (b)(13)(iv)(D) has been amended to correct punctuation; and (c) paragraph (b)(13)(iv)(D)(5) has been amended to correct the spelling of ``inconspicuous.'' This interim rule amends Sec. 1421.19(b) to correct the spelling of ``Form.'' This interim rule amends Sec. 1421.20 as follows: (a) paragraph (a)(2) to correct two references; and (b) to add paragraph (e) to provide if a producer moves a commodity from storage without prior approval on a nonworkday, the producer will not be subject to administrative actions providing the producer notifies the county office on the next workday that the commodity has been moved and such movement is approved by CCC. Section 1421.22 provides the settlement provisions of price support loans. This interim rule amends Sec. 1421.22 as follows: (a) Paragraph (c)(3)(i)(A) to correct the percentage of foreign material for peanuts; (b) paragraph (c)(4) to remove references to location differentials for rice because such reference is obsolete; and (c) to add paragraphs (e) through (i) to include provisions that: (1) CCC may pay to producers the cost for hauling commodities delivered to CCC beyond the producer's normal delivery point, (2) producers may deliver commodities to CCC directly to rail cars, (3) producers will receive storage credit for commodities delivered or forfeited to CCC in advance of the loan maturity date, and (4) producers will receive credit for prepaid warehouse charges for receiving and loading out for commodities delivered or forfeited to CCC. Section 1421.29 provides the provisions for LDP's. Section 1421.29 is amended as follows: (a) paragraph (b)(3) removes references to obsolete forms and corrects an incorrect reference; (b) paragraphs (c) and (g) adds references to rice for clarity; and (c) paragraph (h) is removed and paragraph (i) is redesignated as paragraph (h). This provision was included to allow producers delivering commodities to a buyer directly after harvest an opportunity to file for a LDP on the day such commodities were harvested and delivered. This required producers to report deliveries to the county office before the next loan repayment rate announcement. Since this provision was implemented, CCC developed a more workable procedure that allows producers to request LDP's in advance of harvest and delivery with the LDP rate based on the loan repayment rate announced and in effect on the day the commodity is delivered to the processor, buyer, warehouse, or cooperative according to redesignated Sec. 1421.29(h). Accordingly, the provisions in removed paragraph (h) are no longer needed. This interim rule amends Sec. 1421.202 to add a reference to wheat which was inadvertently omitted and corrects an incorrect reference. Section 1421.205 is amended as follows: (a) paragraphs (a) and (b) clarify that a reserve loan is approved rather than disbursed; and (b) paragraph (a)(2) clarifies the quantity for which the reserve agreement is approved. This interim rule amends Sec. 1421.206(b) as follows: (a) removes references to grain which grades ``sample grade'' because such grain is not eligible for a FOR loan; and (b) removes the provision that corn eligible for the FOR must be shelled corn. Currently, corn pledged as collateral for a FOR loan is restricted to shelled corn. CCC has determined that producers of ear corn should not be denied participation in the FOR and that the quality of the grain in the FOR would not be adversely affected if ear corn is permitted into the FOR. Accordingly, this interim rule removes the stipulation that corn must be shelled. Quantities of a commodity approved for FOR that are in approved storage earn storage credit and CCC pays producers storage payments at the end of each quarterly period. Producers with commodities stored in approved warehouse storage must pay or provide for the storage charged by the warehouse before CCC will pay the FOR storage payment. This interim rule amends Sec. 1421.207 to clarify these provisions. Section 1421.208 has been amended to remove a typographical error. Section 1421.210 provides the commingling and rotation provisions for FOR loans. Accordingly, Sec. 1421.210 is amended as follows: (a) paragraph (a) clarifies the provisions that are applicable to producers who commingle a quantity of an eligible commodity with the quantity approved for FOR; (b) paragraphs (b)(2) and (b)(4) add the provision that producers may rotate FOR loan collateral by replacing such collateral with grain from existing stocks. In the past, producers were only allowed to use grain from their most recent harvest as replacement stocks for rotated FOR loan collateral. CCC has determined that this requirement was unnecessary and that CCC would be at no risk by allowing producers to use grain from their existing stocks of harvested grain from any past harvest; (c) paragraph (b)(5)(i) corrects punctuation, paragraph (b)(5)(ii) removes an incorrect reference, and paragraph (b)(5)(iv) reduces the percent of liquidated damages for failing to replace the rotated quantity; (d) paragraph (c)(1) removes the reference to new grain to conform to the changes made in paragraphs (b)(2) and (b)(4); (e) paragraph (c)(2) corrects a typographical error; (f) paragraph (c)(3) clarifies that storage shall not be earned for FOR collateral released for sale by the producer from the date of the rotation request until the replacement stocks are in place; (g) paragraph (c)(4) requires that the producer certify to the FOR quantity that the producer is requesting CCC to release for rotation that the producer intends to feed and clarifies that storage shall not be earned for such collateral released from the date of the rotation request until the replacement stocks are in place; and (h) paragraph (c)(5) removes the requirement to measure and inspect the grain to be released and the growing crop of the replacement stocks to conform to the changes made in paragraphs (b)(2) and (b)(4), and clarifies that the replacement stocks, when such stocks are already in store on the farm, must be inspected and measured before the release of the FOR collateral. This interim rule amends Sec. 1421.211 to clarify that producers may repay FOR loans at any time at the marketing loan repayment rate if such rate is in effect. This interim rule amends Sec. 1421.215 to conform to the existing provisions for loss of or damage to regular loans in Sec. 1421.15. This interim rule amends Sec. 1421.320 to clarify that rice marketing certificate payments may be paid in a form other than commodity certificates, and such payments apply to that quantity of a commodity redeemed from loan or on which a LDP was made. This interim rule amends Secs. 1421.321, 1421.323 and 1421.324 to correct references to the agreement with CCC for a rice marketing certificate payments and amends the heading to Sec. 1421.323. This interim rule amends Sec. 1421.323(b) to clarify that rice marketing certificate payments apply to that quantity of a commodity redeemed from loan or on which a LDP was made. List of Subjects in 7 CFR Part 1421 Grains, Loan programs/agriculture, Oilseeds, Peanuts, Price support programs, Reporting and recordkeeping requirements, Soybeans, Surety bonds, Warehouses. Accordingly, 7 CFR part 1421 is amended as follows: PART 1421--GRAINS AND SIMILARLY HANDLED COMMODITIES 1. The authority citation for 7 CFR part 1421 continues to read as follows: Authority: 7 U.S.C. 1421, 1423, 1425, 1441z, 1444f-1, 1445b-3a, 1445c-3, 1445e, and 1446f; 15 U.S.C. 714b and 714c. Subpart--Rice Marketing Certificate Program is also issued under authority of 7 U.S.C. 1441-2; 15 U.S.C. 714b and 714c. 2. Section 1421.1 is amended by revising paragraph (a) to read as follows: Sec. 1421.1 Applicability. (a) The regulations of this subpart are applicable to the 1991 and subsequent crops of barley, corn, grain sorghum, oats, peanuts, rice, rye, wheat, and oilseeds as set forth in Sec. 1421.3. These regulations set forth the terms and conditions under which price support loans and purchase agreements shall be entered into and loan deficiency payments made by the Commodity Credit Corporation (CCC). Additional terms and conditions are set forth in the note and security agreement, loan deficiency payment application, and the purchase agreement which must be executed by a producer in order to receive price support. With respect to warehouse-stored loans for peanuts, such loans shall be made in accordance with part 1446 of this title. * * * * * 3. Section 1421.3 is revised to read as follows: Sec. 1421.3 Definitions. The definitions set forth in this section shall be applicable for all purposes of program administration. The terms defined in part 719 of this title and parts 1413 and 1425 of this chapter shall also be applicable, except where those definitions conflict with the definitions set forth in this section. Basic support rate means the price support rate established by CCC for a commodity before any adjustment for premiums and discounts. Charges means all fees, costs, and expenses incurred in insuring, carrying, handling, storing, conditioning, and marketing the commodity tendered to CCC for price support. Charges also include any other expenses incurred by CCC in protecting CCC's or the producer's interest in such commodity. High moisture commodities means barley, corn, and grain sorghum normally harvested and intended to be stored or marketed in a high moisture condition. Loan deficiency quantity means the eligible quantity which was certified by the producer as eligible to be pledged as collateral for a price support loan, for which the producer elected to forgo obtaining price support. Loan quantity means the quantity on which the price support loan was disbursed shown on the note and security agreement. Oilseeds means any crop of soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and other oilseeds as determined and announced by CCC. Purchase quantity means the eligible quantity designated on Form CCC-614, Purchase Agreement for purchase by CCC. 4. Section 1421.4 is amended by revising paragraphs (b) and (f) to read as follows: Sec. 1421.4 Eligible producers. * * * * * (b) A receiver or trustee of an insolvent or bankrupt debtor's estate, an executor or an administrator of a deceased person's estate, a guardian of an estate of a ward or an incompetent person, and trustees of a trust shall be considered to represent the insolvent or bankrupt debtor, the deceased person, the ward or incompetent, and the beneficiaries of a trust, respectively, and the production of the receiver, executor, administrator, guardian, or trustee shall be considered to be the production of the person or estate represented by the receiver, executor, administrator, guardian, or trustee. Loan, loan deficiency payment, or purchase agreement documents executed by any such person will be accepted by CCC only if they are legally valid and such person has the authority to sign the applicable documents. * * * * * (f) Warehouse-stored loans to warehousemen. Warehouse-stored loans may be made to a warehouseman who, acting on behalf and with the authorization of a producer, tenders to CCC warehouse receipts issued by such warehouseman for a commodity produced by such warehouseman only in those States where the issuance and pledge of such warehouse receipts is valid under State law. * * * * * 5. Section 1421.5 is amended by revising paragraphs (b)(1), (b)(4)(iv), and (d)(2) to read as follows: Sec. 1421.5 General eligibility requirements. * * * * * (b) (1) Commodities for loans, purchases, or LDP's must be tendered to CCC by an eligible producer and must be eligible and in existence when approved by CCC. For loans and purchases, commodities must also be stored in approved storage at the time of disbursement of loan or purchase agreement proceeds. The commodity must not have been sold, nor any sales option on such commodity granted, to a buyer under a contract which provides that the buyer may direct the producer to pledge the commodity to CCC as collateral for a price support loan or to obtain a loan deficiency payment. Such commodities must also be merchantable for food, feed, or other uses determined by CCC and must not contain mercurial compounds, toxin producing molds, or other substances poisonous to humans or animals. * * * * * (4) * * * (iv) Quantities of peanuts shall be in tons and hundredths of a ton; * * * * * (d) * * * (2) The commodity reoffered as security for the subsequent loan shall have the same maturity date as the original loan, except that if a farmer owned reserve program is in effect in accordance with Secs. 1421.200 through 1421.217, CCC may allow a producer to request that maturity date of such subsequent loan be the last day of the ninth month following the month the subsequent loan is disbursed. * * * * * 6. Section 1421.7 is amended by: A. Removing paragraph (b), B. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c) respectively, C. Revising redesignated paragraph (c)(1), D. Redesignating redesignated paragraph (c)(3) as paragraph (c)(4), and E. Adding a new paragraph (c)(3) to read as follows: Sec. 1421.7 Adjustment of basic support rates. * * * * * (c) (1) With respect to all commodities except peanuts and rice, warehouse-stored loans and purchase agreement payments shall be disbursed at levels based on the basic county support rate for the county where the commodity is stored, adjusted for the schedule of premiums and discounts established for the commodity on the basis of quality factors set forth on warehouse receipts or supplemental certificates and for other quality factors, as determined and announced by CCC. * * * * * (3) With respect to rice, warehouse-stored loans and purchase agreement payments shall be disbursed at levels based on the milling yields times the whole and broken kernel loan rates, adjusted for the schedule of discounts on the basis of quality factors set forth on warehouse receipts or supplemental certificates and for other quality factors, as determined and announced by CCC. * * * * * 7. Section 1421.8 is amended by revising paragraph (b)(2) to read as follows: Sec. 1421.8 Approved storage. * * * * * (b) * * * (2) A warehouse operated by an approved cooperative as defined in part 1425 of this chapter. * * * * * 8. Section 1421.9 is amended by: A. Revising paragraphs (f)(2)(iv)(E) and (f)(2)(iv)(F), B. Removing paragraph (f)(2)(iv)(G), and C. Revising paragraph (f)(2)(xiv)(B)(5)(v) to read as follows: Sec. 1421.9 Warehouse receipts. * * * * * (f) * * * (2) * * * (iv) * * * (E) Milling yield; and (F) Moisture. * * * * * (xiv) * * * (B) * * * (5) * * * (v) Seed size passing through a \14/64\'' round hole screen; * * * * * 9. Section 1421.11(a) is revised to read as follows: Sec. 1421.11 Liens. (a) The county office shall file or record, as required by State law, all security agreements which are issued with respect to commodities pledged as collateral for price support loans. The cost of filing and recording shall be paid for by CCC. * * * * * Sec. 1421.14 [Removed and Reserved] 10. Section 1421.14 is removed and reserved. 11. Section 1421.16 is amended by: A. Revising paragraph (a)(1) introductory text and revising paragraphs (a)(1)(i), (a)(2), (a)(3), (b)(1), (b)(2), (c), (d) introductory text, and (d)(2), B. Revising paragraphs (e), (k)(1)(ii)(C), and (k)(1)(ii)(D), C. Adding paragraph (k)(1)(ii)(E), D. Revising paragraphs (l)(1)(ii) and (l)(1)(iii), and E. Adding paragraphs (l)(1)(iv) and (q) to read as follows: Sec. 1421.16 Personal liability of the producers. (a) * * * (1) When signing Form CCC-666, Farm Stored Loan Quantity Certification, when applicable, Form CCC-677, Farm Storage Note and Security Agreement, and Form CCC-678, Warehouse Storage Note and Security Agreement, that the producer will not: (i) Provide an incorrect certification of the quantity or make any fraudulent representation for loan, or * * * * * (2) When signing Form CCC-666 LDP, Loan Deficiency Payment Application and Certification, or CCC-709, Direct Loan Deficiency Payment Agreement, as applicable, that the producer will not provide an incorrect certification of the quantity or make any fraudulent representation for loan deficiency payment purposes. (3) That violation of the terms and conditions of the Form CCC-677, Form CCC-678, Form CCC-666 LDP, or Form CCC-709, as applicable, will cause harm or damage to CCC in that funds may be disbursed to the producer for a quantity of a commodity which is not actually in existence or for a quantity on which the producer is not eligible. (b) * * * (1) Incorrect certification is the certifying of a quantity of a commodity for the purpose of obtaining a commodity loan or a loan deficiency payment in excess of the quantity eligible for such loan or loan deficiency payment or the making of any fraudulent representation with respect to obtaining loans or loan deficiency payments. (2) Unauthorized removal is the movement of any farm-stored loan quantity from the storage structure in which the commodity was stored or structures which were designated when the loan was approved to any other storage structure whether or not such structure is located on the producer's farm without prior written authorization from the county committee in accordance with Sec. 1421.20, if the movement of loan collateral prevents CCC from obtaining the first lien on such collateral. * * * * * (c) The producer and CCC agree that it will be difficult, if not impossible, to prove the amount of damages to CCC for the violations in accordance with paragraph (b) of this section. Accordingly, if the county committee determines that the producer has violated the terms and conditions of Form CCC-677, Form CCC-678, Form CCC-666 LDP, or Form CCC-709, as applicable, liquidated damages shall be assessed on the quantity of the commodity which is involved in the violation. If CCC determines the producer: (1) Acted in good faith when the violation occurred, liquidated damages will be assessed by multiplying the quantity involved in the violation by: (i) 10 percent of the loan rate applicable to the loan note or the loan deficiency payment rate for the first offense; or (ii) 25 percent of the loan rate applicable to the loan note or the loan deficiency payment rate for the second offense; or (2) Did not act in good faith with regard to the violation, or for cases other than the first or second offense, liquidated damages will be assessed by multiplying the quantity involved in the violation by 25 percent of the loan rate applicable to the loan note or the loan deficiency payment rate. (d) For liquidated damages assessed in accordance with paragraph (c)(1) of this section, the county committee shall: * * * * * (2) If the producer fails to pay such amount within 30 days from the date of notification, call the applicable loan involved in the violation, or for loan deficiency payments, require repayment of the entire loan deficiency payment and charges plus interest. (e) For liquidated damages assessed in accordance with paragraph (c)(2) of this section, the county committee shall call the loan involved in the violation, or for loan deficiency payments, require repayment of the entire loan deficiency payment and charges plus interest. * * * * * (k) (1) * * * (ii) * * * (C) All other costs which CCC would not have incurred but for the fraudulent representation, the unauthorized disposition or movement of the loan collateral; (D) Interest on such amounts; (E) Liquidated damages assessed under paragraph (c) of this section; and (1) With regard to amounts due for a loan, the payment of such amounts may not be satisfied by the forfeiture of loan collateral to CCC of commodities with a settlement value that is less than the total of such amounts; or (2) By repayment of such loan at the lower loan repayment rate as prescribed in Sec. 1421.25 and may not utilize the provisions of part 1470 of this chapter with respect to such loans. * * * * * (l)(1) * * * (ii) All other costs which CCC would not have incurred but for the producer's fraudulent representation; (iii) Interest which has accrued with respect to such amounts; and (iv) Liquidated damages assessed under paragraph (c) of this section. * * * * * (q) Any or all of the liquidated damages assessed in accordance with the provisions of paragraph (c) of this section may be waived as determined by CCC. 12. Section 1421.17 is amended by revising paragraphs (a), (c)(1), (c)(3), and (e) to read as follows: Sec. 1421.17 Farm-stored commodities. (a) The quantity of a commodity which shall be used to determine the amount of a farm-stored loan shall not exceed a percentage (the ``loan percentage''), as established by the State committee which shall not exceed a percentage established by CCC, of the certified or measured quantity of the eligible commodity stored in approved farm storage and covered by the note and security agreement. The quantity of a commodity pledged as security for a farm-storage loan shall be measured or certified in accordance with paragraph (e) of this section. Farm-stored loans may be made on less than the maximum quantity eligible for loan at the producer's request. If the loan quantity is reduced by the State committee, the county committee, or by request of the producer, such reduced quantity shall be the mortgaged quantity on the note and security agreement for the commodity in a bin, crib, or lot on which the loan is made. * * * * * (c) * * * (1) Liquidation of the farm-stored loan or part thereof shall be made through the pledge of warehouse receipts for the commodity placed under warehouse-stored loan and the immediate payment by the producer of the amount by which the warehouse-stored loan is less than the farm- stored loan or part thereof and charges plus interest. The loan quantity for the warehouse-stored loan cannot exceed 110 percent of the loan quantity transferred from the farm-stored loan. * * * * * (3) For loans extended in accordance with Secs. 1421.200 through 1421.217, CCC may limit the quantity for a warehouse-stored loan to the quantity approved on the farmer owned reserve agreement loan. * * * * * (e) The quantity of a commodity pledged as security for a farm- stored loan or for which a loan deficiency payment is requested may be determined on the basis of the quantity of the commodity which an eligible producer certifies in writing on Form CCC-666 for a loan and Form CCC-666 LDP or CCC-709, as applicable, for a loan deficiency payment, is eligible to be pledged as collateral and is otherwise available for loan or loan deficiency payment purposes. * * * * * 13. Section 1421.18 is amended by revising paragraphs (b)(12)(iv)(B), (b)(13)(iv)(D), (b)(13)(iv)(D)(5), and (b)(15)(ii)(G) to read as follows: Sec. 1421.18 Warehouse-stored loans. * * * * * (b) * * * (12) * * * (iv) * * * (B) For distinctly green seeds, 1.5 percent; * * * * * (13) * * * (iv) * * * (D) For admixtures: * * * * * (5) For inconspicuous admixtures, 5.0 percent; * * * * * (15) * * * (ii) * * * (G) The sunflower seed gross weight must be adjusted downward to reflect undersized seed, passing through a \14/64\'' round hole screen, dockage, and for the presence of any admixtures. 14. Section 1421.19 is amended by revising paragraph (b) to read as follows: Sec. 1421.19 Liquidation of loans. * * * * * (b) If the producer desires to deliver eligible commodities to CCC in satisfaction of the loan, the producer must notify CCC of such intention before the loan maturity date by giving written notice to the county office which disbursed the proceeds for such loan. If the producer fails to deliver such commodities to CCC by the date specified on Form CCC-691, Commodity Delivery Notice, and the producer subsequently redeems the commodity pledged as collateral for the loan before delivery is completed, interest shall continue to be assessed on such amount in accordance with part 1405 of this chapter. * * * * * 15. Section 1421.20 is amended by: A. Revising paragraph (a)(2), and B. Adding paragraph (e) to read as follows: Sec. 1421.20 Release of the commodity pledged as collateral for a loan. (a) * * * (2) If CCC so announces, an amount less than the principal amount of the loan and charges plus interest under the terms and conditions specified by CCC at the time the producer redeems the commodity pledged as collateral for such loan in accordance with Sec. 1421.25. The producer may request and CCC may approve removal of a quantity of the commodity from storage, without the payment of CCC of the loan amount, if the principal amount outstanding on such loan before such removal does not exceed the maximum loan value of the quantity of the commodity remaining in storage after such removal. When the proceeds of the sale of the commodity are needed to repay all or a part of a farm-stored loan, the producer must request and obtain prior written approval of the county office on a form prescribed by CCC in order to remove a specified quantity of the commodity from storage. Any such approval shall be subject to the terms and conditions set forth in the applicable form, copies of which may be obtained by producers at the county office. Any such approval shall not constitute a release of CCC's security interest in the commodity or release the producer from liability for any amounts due and owing to CCC with respect to the loan indebtedness if full payment of such amounts is not received by the county office. If a producer fails to repay a loan within the time period prescribed by CCC for a farm-storage loan and commodity pledged as loan collateral has been delivered to a buyer in accordance with Form CCC-681-1, Authorization for Delivery of Loan Collateral for Sale, such producer may not repay the loan at the level that is less than the loan level determined in accordance with Sec. 1421.25(a)(1)(ii), (b)(2), or (d)(2). * * * * * (e) If the commodity is moved on a nonworkday from storage without obtaining prior approval to move such commodity, such removal shall constitute unauthorized removal or disposition, as applicable, of such commodity unless the producer notifies the county office the next workday that such commodity has been moved and such movement is approved by CCC. 16. Section 1421.22 is amended by: A. Revising paragraphs (c)(3)(i)(A) and (c)(4), and B. Adding paragraphs (e), (f), (g), (h), and (i) to read as follows: Sec. 1421.22 Settlement. * * * * * (c) * * * (3) * * * (i) * * * (A) $2 per ton, net weight, for each full 1 percent of foreign material in excess of 15 percent; and * * * * * (4) With respect to rice acquired by CCC at a location other than an approved warehouse, settlement shall be made on the basis of the class, grade, and quality entries set forth in the Federal-State inspection certificate and on the basis of the quantity set forth in the weight certificates. * * * * * (e) When a producer is directed by the county office to haul the commodity for a loan, except aromatic rice, a greater distance than would have been necessary to make delivery to the producer's customary delivery point, as determined by CCC, the producer will be allowed compensation, as determined by the State committee at a rate not to exceed the common carrier truck rate or the rate available from local truckers, for hauling the eligible commodity the additional distance. In determining the rate of payment for excess hauling, the State committee may establish reasonable mileage minimums below which producers will not receive compensation for hauling. (f) (1) Producers may request trackloading for loan collateral where approved warehouse space is not available locally or where KCCO determines that it would be to the benefit of CCC. Where local weighing facilities are not available or when requested by producers, destination weights may be used for settlement purposes. All producers loading in the same car must sign an agreement stating the percentage share of the total quantity to be credited to each. When requested by producers prior to delivery of the commodity, settlement may be made on the basis of destination grades. Such destination grade determination for a car shall be applied to the entire quantity of a commodity loaded into the same car, regardless of the grade or quality of a commodity loaded into the car by any producer. (2) A trackloading payment of 19 cents per bushel (or 31.66 cents per hundredweight in the case of sorghum, oilseeds, and rice, excluding aromatic rice) shall be made to the producer on an eligible commodity delivered to CCC under this subsection. (g) If a farm-stored commodity is delivered in advance of the applicable loan maturity date as provided in Secs. 1421.19 and 1421.21, a deduction for storage charges shall be made. The deduction shall be made for the period from the date of delivery to the applicable maturity date or expiration date for the commodity. Such deduction shall be at the rate charged by the warehouse to which the commodity was delivered. No deduction for storage charges shall be made for early delivery of a farm-stored commodity if the loan maturity date is accelerated by CCC under a general acceleration of the maturity date in a particular area. (h) A refund of warehouse storage charges will be made by CCC to the producer if the maturity date of a warehouse storage loan is accelerated by CCC for reasons other than any wrongful act or omission on the part of the producer, and the commodity is not redeemed. The amount of the storage charges to be refunded shall be computed at the lesser of the UGSA rate or the rate prepaid by the producer for the period of unearned storage. (i) If a warehouse charges the producer for either the receiving charges or the receiving and loading out charges on an eligible commodity in an approved warehouse, the producer shall, upon delivery to CCC of warehouse receipts representing the commodity stored in such warehouse, be reimbursed or given credit by the county office for such prepaid charges at the lesser of the UGSA rate or the rate prepaid by the producer. The producer must furnish to the county office, written evidence signed by the warehouse operator that such charges have been paid. 17. Section 1421.29 is amended by: A. Revising paragraphs (b)(3), (c), and (g) to read as follows, B. Removing paragraph (h), and C. Redesignating paragraph (i) as paragraph (h). Sec. 1421.29 Loan deficiency payments. * * * * * (b) * * * (3) File and request payment on Form CCC-666 LDP, unless the producer enters into an agreement according to paragraph (h) of this section, for a quantity of an eligible commodity; * * * * * (c) The loan deficiency payment rate for a crop shall be the amount by which the price support loan level for the crop exceeds the level at which CCC has announced that producers may repay their price support loans in accordance with Sec. 1421.25. Such rate shall be the amount determined on the day the producer submits a completed request for a loan deficiency payment to the county office. When such request is for rice and the request provides that the loan deficiency payment rate shall be based on the date of delivery, and the documentation of delivery indicates the rice was delivered after 3 p.m. eastern time, the loan deficiency payment rate in effect after 3 p.m. eastern time of the delivery date shall be used. In all other cases for rice where the loan deficiency payment rate is based on the delivery date, the payment rate in effect at 12:00:01 a.m. eastern time of the delivery date shall be used. * * * * * (g) Notwithstanding any other provision of this section, on the day of the announcement of the adjusted world price, applications for loan deficiency payments for rice that specify the payment rate will not be accepted between 2 p.m. eastern time and the time of the world price announcement. * * * * * 18. Section 1421.202 is revised to read as follows: Sec. 1421.202 Length of reserve agreements. The length of a FOR loan shall be 27 months from the maturity date of the regular price support loan. The day following the maturity date of the regular price support loan shall be the effective date of the FOR loan agreement. In order to assure that producers throughout the United States are treated in a fair and equitable manner, CCC may allow extensions of regular price support loans for wheat, corn, grain sorghum, oats, and barley which expire in or before the month following the month of the date for such commodity as specified in Sec. 1421.201(b). The terms and conditions of such extension shall be provided through actual notice to affected producers. FOR agreements may be extended by CCC, at CCC's sole discretion, at maturity for an additional six months. 19. Section 1421.205 is amended by revising paragraph (a) introductory text and revising paragraphs (a)(2) and (b) to read as follows: Sec. 1421.205 Quantity eligible for grain reserve loans. (a) Farm-stored FOR loans shall be approved on a quantity not to exceed the lesser of: * * * * * (2) The quantity upon which the disbursement of the regular price support loan was based. (b) Warehouse-stored FOR loans shall be approved on a quantity not to exceed the quantity shown on the warehouse receipt or the supplemental certificate, if applicable, which secured the regular price support loan. 20. Section 1421.206 is amended by revising paragraph (b) to read as follows: Sec. 1421.206 Quality eligibility requirements of FOR loans. * * * * * (b) Grain which is pledged as collateral for a FOR loan must meet the quality eligibility requirements for securing a regular price support loan. * * * * * 21. Section 1421.207 is amended by revising paragraphs (b)(1), (b)(2)(i), and (b)(2)(iii) to read as follows: Sec. 1421.207 Storage rates. * * * * * (b) (1) Storage payments shall be paid quarterly, starting from the effective date of the FOR loan. Such payments shall be paid within 30 days after the end of each quarter in which such payments are earned. Storage payments shall not be earned when the grain which was pledged as collateral for the FOR loan is not in storage, as determined by CCC. Storage payments shall not be earned when the 5-day adjusted market price determined in accordance with Sec. 1421.209(e) equals or exceeds 95 percent of the current year's established price for the commodity. In such instance, no storage payments shall be earned from the day the 5-day adjusted market price was equal to or exceeded 95 percent of such established price through the ninetieth day following the last day on which the 5-day adjusted market price equalled or exceeded 95 percent of such established price. (2) * * * (i) A FOR agreement shall not be approved until the producer provides written evidence to CCC that at least the next year's storage, including any storage deduction applicable to the regular loan, has been paid to the warehouse or arrangements for the payment of such storage have been made with the warehouse on the FOR loan quantity. * * * * * (iii) The eighth quarterly storage payment shall not be made until the producer provides written evidence to CCC that storage has been paid to the warehouse or arrangements for the payment of such storage have been made with the warehouse on the FOR quantity through the FOR loan maturity date. * * * * * 22. Section 1421.208 is revised to read as follows: Sec. 1421.208 Charging interest. FOR loans shall not accrue interest unless CCC determines that the 5-day adjusted market price determined in accordance with Sec. 1421.209(e) for the commodity is equal to or exceeds 105 percent of the current year's established price for such commodity. In such instance, interest shall accrue from the day the 5-day adjusted market price was equal to or exceeded 105 percent of such established price and continue to accrue for the balance of the month following the last day on which the 5-day adjusted market price equaled or exceeded 105 percent of such established price through the two succeeding months. The rate of interest which shall be applicable to a FOR loan during an interest-accruing period shall be the rate applicable to the regular price support loan as determined in accordance with part 1405 of this chapter. 23. Section 1421.210 is amended by revising paragraphs (a), (b)(2), (b)(4) introductory text, (b)(4)(ii), (b)(5)(i), (b)(5)(ii), (b)(5)(iv), (c)(1) introductory text, (c)(2), (c)(3), (c)(4), and (c)(5) to read as follows: Sec. 1421.210 Commingling and replacement of wheat and feed grains. (a) In the case of farm-stored FOR loans, if an eligible quantity of a commodity has been commingled with an ineligible quantity of the commodity, the commingled commodity is not eligible to be pledged as collateral for a FOR loan unless the provisions in Sec. 1421.17 (b)(1) or (b)(2) are met. (b) * * * (2) Grain which is used to replace existing FOR loan collateral must have been produced by the producer and be eligible to be pledged as collateral for a regular price support loan, except that compliance with the terms and conditions of any commodity program conducted in accordance with part 1413 of this chapter on the farm on which such replacement grain was produced is not required. Replacement loan collateral may be grain from the crop which is harvested after the date established by the State committee in accordance with paragraph (b)(1) of this section or be grain from a producer's existing stocks in CCC- approved farm storage. This grain must not have been purchased and must be free of any liens or encumbrances unless waivers that fully protect the interest of CCC are obtained. With respect to wheat, such replacement grain must be of the same class as the regular price support loan collateral. * * * * * (4) To protect the interest of CCC in the quantity of collateral to be released for replacement in accordance with paragraph (c)(1)(i) or (c)(1)(iii) of this section, the county committee may require producers to remit payments to the CCC before a request to replace FOR loan collateral is approved. In such cases, the amount to be remitted shall be the smaller of: * * * * * (ii) The product of the market price available in the county office on the date that the replacement request was made, times the quantity to be replaced, as determined by CCC. (5) * * * (i) The principal amount of the FOR loan and other charges plus interest from the disbursement date of such amount; (ii) Storage payments made in accordance with the loan from the date the request for replacement was approved for CCC to the disbursement date of such payments; * * * * * (iv) Liquidated damages computed by multiplying the quantity not replaced by 25 percent of the loan rate applicable to the loan note. (c) (1) A producer who files a Form CCC-687-1 or CCC-681 requesting the approval to replace existing FOR loan collateral may after approval of the request: * * * * * (2) A producer who delivers grain to a CCC-approved warehouse in accordance with paragraph (c)(1) of this section shall cause to be delivered to CCC a warehouse receipt issued in the name of CCC with respect to such grain. The warehouse receipt shall show that storage charges have been paid or otherwise provided for through the final date specified to complete the replacement, and CCC shall retain control of the receipt until the producer has replaced the original FOR loan collateral with eligible replacement grain. Except as provided in paragraph (b)(3) of this section, if the producer fails to replace the grain within the approved replacement period, CCC shall take title to the warehouse receipt without any further action by the producer and shall determine the value of the grain represented by the receipt. This value shall be determined in accordance with Sec. 1421.22 and shall be credited to the amount owed by the producer as determined in accordance with paragraph (b)(5) of this section. (3) A producer who, in accordance with paragraph (c)(1) of this section, sells the grain which is the collateral for the FOR loan shall only sell such grain to the person specified on Form CCC-681. Storage payments shall not be earned on the quantity rotated, as determined by CCC, from the date the rotation request is approved until the replacement stocks are in place. To protect the interest of CCC in the quantity of collateral to be released for replacement, the county committee may require the purchaser to make and remit to CCC a check for the full amount of the purchase. In such instances, CCC shall make these funds available to the producer upon the replacement of the original FOR loan collateral with eligible replacement grain if such replacement occurs prior to the final date of the approved replacement period. Except as provided in paragraph (b)(3) of this section, if the producer fails to replace the grain by this date, the producer shall forfeit the sales proceeds to CCC without any further action by the producer. Such sales proceeds shall be credited to the amount owed by the producer as determined in accordance with paragraph (b)(5) of this section. (4) A producer who, in accordance with paragraph (c)(1) of this section, intends to feed such grain to the producer's own livestock, may only feed the quantity of grain which was approved by the county committee for such purposes. The producer must certify to the quantity the producer intends to use for feed during the approved rotation period. Storage payments shall not be earned on the quantity rotated, as determined by CCC, from the date the rotation request is approved until the replacement stocks are in place in CCC-approved farm storage. (5) Any producer who files a Form CCC-687-1 or CCC-681 with the county committee shall not remove the existing FOR loan collateral until written approval has been made by the county committee. The producer shall allow a representative of the county committee to inspect and measure, at the producer's expense, the quantity of replacement grain when such replacement stocks are in place in CCC- approved farm storage. Producers who request approval to replace existing FOR loan collateral with existing stocks in CCC-approved farm storage shall not receive approval to remove the existing FOR loan collateral until the replacement stocks have been inspected and measured. 24. Section 1421.211 is revised to read as follows: Sec. 1421.211 Redemption requirements and emergency call. (a) A producer may redeem the commodity pledged as collateral for a FOR loan at any time by repaying the principal amount of the FOR loan and other charges plus interest as provided in this part or, if CCC so announces, an amount less than the principal amount of the FOR loan and other charges plus interest in accordance with Sec. 1421.25(d)(2). (b) Notwithstanding any other provision of this part, the Secretary may require producers to repay FOR loans prior to the maturity date of such loans if the Secretary determines that emergency conditions exist which require that the commodity which is serving as collateral for the FOR loan be made available in the market to meet urgent domestic or international needs and such determination and the reasons therefore are reported to the President, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Agriculture of the House of Representatives at least fourteen days before taking such action. Repayment shall consist of the amount in accordance with paragraph (a) of this section. If the called loan is not redeemed within the time prescribed by the Secretary, CCC may take title to the commodity without any further action by the producer. 25. Section 1421.215 is revised to read as follows: Sec. 1421.215 Loss or damage to the commodity. The producer is responsible for any and all loss in quantity or quality of the commodity pledged for a FOR loan. CCC shall not assume any loss in quantity or quality of the FOR farm-stored loan collateral. 26. Section 1421.320 is amended by revising paragraphs (a) and (c)(2) to read as follows: Sec. 1421.320 General provisions. (a) This subpart sets out the terms and conditions under which the CCC shall make payments to eligible persons who have entered into an agreement with CCC to participate in the rice marketing certificate program. * * * * * (c) * * * (2) With respect to eligible rice which has not been and will not be pledged as collateral for a price support loan received a loan deficiency payment in accordance with Sec. 1421.29. 27. Section 1421.321 is amended by revising introductory text to read as follows: Sec. 1421.321 Eligible persons. For the purposes of this subpart, the following persons shall be considered to be eligible to enter into an agreement with CCC and to receive payment in accordance with this subpart: * * * * * 28. Section 1421.323 is revised to read as follows: Sec. 1421.323 Rice marketing certificate payments. (a) Payments in accordance with this subpart shall be made available to eligible persons who have complied with the terms and conditions set forth in this subpart and who have entered into an agreement with CCC. (b) Payments in accordance with this subpart shall be made when the producer receives a loan deficiency payment in accordance with Sec. 1421.29 or when the producer repays a loan in accordance with Sec. 1421.25. 29. Section 1421.324 is revised to read as follows: Sec. 1421.324 Payment rate. The payment rate for the purposes of calculating payments made available in accordance with this subpart shall be based upon the difference between the adjusted world price for the class of rice and the loan repayment level in effect for the loan deficiency payment or loan repayment. Signed in Washington, DC, on June 27, 1994. Bruce R. Weber, Executive Vice President, Commodity Credit Corporation. [FR Doc. 94-16111 Filed 7-1-94; 8:45 am] BILLING CODE 3410-05-P