Document 2q6gk80wYBGJZKep8XZwQbe0p

I. 22492 Federal Register / Vol. 51. No. 119 / Friday, June 20, 1986 / Rules and Regulations as to reduce all such quotas by the same percentage. $ 729.331 , Allocation ol permanently released quotas and nonproduced quotas. (a) Eligibility. After adjustments in the quota or production history of farms to account for permanent releases or permanent transfers of quotas, quotas permanently released in accordance with | 729.369 or reduced for' nonproduction pursuant to 729.32B shall be allocated to farms that produced peanuts in at least two of the three crop years immediately preceding the year for which the allocation is being made. (b) Method of allocation. Subject to the provisions of paragraph (c) of this section, the total amount of quota available for allocation under this Bection shall be allocated by prorating that amount among all eligible quota and nonquota farms based upon the average of the two highest years' total production pounds for each such farm for the three years preceding the year for which the determination is being made. (c) Exception to basic allocation method. If the method of allocation provided for in paragraph (b) of this section would not allocate at least 25 percent of the quota to farms that were nonquota farms for the preceding crop year, the State committee shall proratc 25 percent of the quota to such farms and prorate the remainder to each other eligible farm on the same production history basis' as is provided for in paragraph (a) of this section. (d) Form reconstitution. Notwithstanding any other provisions of this subpart, for purposes of applying the provisions of paragraph [a] of this section, quotas shall be allocated on the basis on which farms were constituted for the preceding year. S 729.332 Lack ol adequate tillable cropland. A farm may only receive an allocation pursuant to J 729,329 and $ 729.331 to the extent that adequate tillable cropland is available for the production of the quota as so increased' based upon the farm's yield. If adequate tillable cropland is not available, the excess quota may be allocated to other eligible quota and'nonquota farms in such manner as the Deputy Administrator shall determine appropriate. 729.333 Determination ot undermarketings. (a) Actual undermarketings. Actual undermaFketings for a farm for a' crop year shall'be the number of pounds by which the total marketings of quota peanuts from the farm during previous the farm yield established for the farm marketing years for previous crops for the immediately preceding year. (excluding any marketing year before Except as provided in 729.335, if a the marketing year for the 1984 crop) farm yield was not established for a were less than the total amount of the farm for the previous year, the county applicable effective farm poundage committee shall establish a farm yield quotas (disregarding adjustments for taking into account: undermarketings from prior marketing (a) Farm yields and actual yields on years) for such marketing years, except other farms in the locality on which the that no increase for undermarketings shall be allowed for undermarketings that preceded a year for which the farm's quota was, or is, subject to, reduction pursuant to 729.328. (b) Total marketings of quota peanuts. soil and other physical factors affecting production are similar, and (b) The normal yield for the county. $ 729.335 Determination of farm yield for reconstituted farms. For purposes of paragraph (a) of this For reconstituted farms, the farm yield section, "total marketings of quota for such farm shall be established in peanuts" for any marketing year shall: accordance with the following rules to (1) Not exceed the effective farm poundage quota for the marketing year disregarding adjustments for undermarketings from prior marketing years, and (2) Shall, within the limitation specified in paragraph (b)(1) of this section, be the larger of: (1) The total production of segregation 1 peanuts on the farm during such year, and (ii) The total amount of quota peanuts which were marketed or considered marketed from the farm for the relevant marketing year. (c) Determining effective quota. For purposes of determining a farm's effective farm poundage quota for a crop year under 729.328, die farm's basic farm poundage quota shall be increased by the amount of the farm's effective undermarketings for the relevant crop year. (d) Effective undermarketings. (1) If 10 percent of the national poundage quota for the crop year is equal to or greater than the actual undermarketing9 for all farms as determined under paragraph (a) of this section, the effective undermarketings for that crop year for all farms for that year shall be equal to the actual undermarketings for each such, farm for that year. (2) If the provisions of paragraph (d)(1) of this section are not applicable: the extent applicable: (a) Combinations--(1) Combination of Quota farms. The farm yield for combined quota tracts shall be the weighted average of the farm yields for the tracts being combined. (2) Combinations of Quota and Nonquota farms. A combined farm shall be assigned the farm yield of the tract with an established quota if placed in combination with a nonquota.tract even though a farm yield had been previously established for such nonquota tract. (3) Combination ofNonquota farms. The farm yield for combined nonquota tracts shall be established by the county committee in accordance with 729.334 even though a farm yield had been previously established for the individual tracts. (b) Divisions--(1) No identifiable tracts having tract yield established. If a farm is divided and none of the tracts have an identifiable tract yield, the farm yield shall be the same for each tract as the farm yield for the parent farm. [2) Identifiable tracts with tract yield established. If a farm is divided and the individual tracts have established yields, the farm yield for each tract will be that previously established for the tract. ' . (3) Division ofan identifiable tract having a tract yield established. If a (i) The effective undermarketings for a tract with an identifiable yield is farm shall not be less than the smaller, divided, the farm yield, for (he divided - for that crop year, of the farm's actual tracts shall be the same as the farm undermarketings or 10 percent of the yield which haB.been previously farm'sbasic farm poundage quota; and established for the parent tract. (il) The total effective undermarketings on all farms for the crop year shall, to the extent practicable, equal 10 percent of the national poundage quota for the relevent crop year. 1729.334 Determination of farm yield. 729.336 Approval of farm poundage quota and notice to farm operator. (a) Approval. Each farm yield, preliminary farm poundage quota, farm poundage quota, and effective farm poundage quota shall be determined under the supervision of. and approved The farm yield established for a farm by, the county committee of the county for which a farm poundage quota is in which the farm is administratively established for the current year shall be located, subject to the concurrence of GLEASON-000757