Document DM5NRogwX2GD15BmLvvX5j1N4

'IT ' Federal Register / Vol. 51, No. 119 / Friday. June 20, 1980 / Rules and Regulations_______22493 VV A . -J the Stale committee or a representative (b) Determination of undermarketings be made are different persons, each of the State committee. The initial notice where an erroneous notice has been shall execute the record of transfer. of farm poundage quota shall not be issued. Notwithstanding the provisions However, only the owner(s) or operator mailed to a farm operator until the farm of paragraph (a) of this section, ol the receiving farm is required to poundage quota has been so approved. undermarketings for farms which execute the record of transfer. A revised notice may be mailed without receive an erroneous notice of effective the approval of the county committee in farm poundage quota shall be 729.344 Transler by owner or operator. any case resulting from: determined on the basis of the correct The owner or operator of any farm (1) A farm reconstitution; effective farm poundage quota for the having a farm poundage quota in the (2) A transfer of poundage quota by farm. current year may have approved by the lease, sale, owner or operator, or (3) Quotas apportioned pursuant to 729.368 as a result of a temporary release of quota by other farms. (b) Notice to farm operator. (1) As soon as practicable after the farm poundage quota or the effective farm poundage quota is approved, an official notice of such quota shall be mailed to the farm operator. (2) If a farm poundage quota is reduced to zero for the current year, the county committee shall mail to the farm operator a notice of such determination. (3) A revised notice of farm poundage quota or effective farm poundage quota shall be mailed to the farm operator as soon as possible after the county committee determines that an incorrect notice has been mailed, or the county committee takes an action which requires a revision of the previously determined quota. (4) The notice to the operator shall 729.338 Request lor reconsideration or appeal. Any producer dissatisfied with the determination of a farm poundage quota or effective farm poundage quota may file a request for reconsideration with the county committee in accordance with Part 780 of this Chapter. Such request must be filed no later than 15 days after date of mailing the notice of the farm poundage quota or effective farm poundage quota. Following such reconsideration, the producer may appeal such determination to the State committee in accordance with Part 780 of this Chapter. Determinations rendered by the State committee with respect to individual farm poundage quotas and individual effective farm poundage quotas shall be final and there shall be no further administrative appeal, unless it is determined by the Deputy Administrator that such action is county committee a record of transfer to transfer the farm poundage quota from such farm to another farm owned or controlled by the same person: (a) In the same county, or (b) in a county that is contiguous to the transferring county in the same State if the receiving farm had a farm poundage quota established for the preceding year's crop. 729.345 Transler by sate or permanent transler by owner Irom or to separately owned tracts within a (arm combination. The owner of a separately owned tract within a farm may, with'the approval of the farm operator, permanently transfer by sale, or by owner, the farm poundage quota attributable to the tract to another tract within the same farm combination if the owner of the receiving tract agrees to the transfer. The quota for such tract may also be.transferred by sale or owner to a different farm to the extent constitute notice to all persons, including, but not limited to, any person needed in the interests of the program. (Approved by the Office of Management and that such a transfer could be permitted if the tract were a separate farm. who as operator, landlord, tenant, or sharecropper has an interest in the farm for which the quota is established. Budget under control number 0560-0006) 729.339 Farms with one acre or less o( peanuts. 729.346 Transfers within certain States. Notwithstanding any other provisions of this subpart, a transfer of a farm 729.337 Erroneous notice ofeflectlve (arm poundage quota. Peanuts produced on a farm on which poundage quota by sale, lease or by the the acreage of peanuts dug is one acre or owner or operator, for farms for which (a) Marketing penalty computations less are eligible to be marketed for the poundage quota allocated to the where an erroneous notice has been domestic edible use provided that no State was less than 10,000 tons for the issued. If the official notice of effective producer who shares in the peanuts preceding year's crop may be made to farm poundage quota issued for a farm produced on any such farm shares in the any other farm in the same State, erroneously stated a quota larger than peanuts produced on any other farm. pursuant to instructions issued by the the correct effective farm poundage Notwithstanding any .other provision of Deputy Administrator. quota, the quota shown on the erroneous this subpart, farms to which this section notice shall serve as thebasis for applies shall not be considered eligible 729.347 Witness ol signatures. ' marketing penalty computations for the farms for the purpose of allocating farm A county committee member or farm for the current marketing year only poundage quota under this-subpart. employee must witness the signature of if the county, committee determines and the State Executive Director concurs 729.340-729.342 (Reserved! either the owner or operator of the transferring farm and the owner or that: Transfers of Farm-Poundage Quota operator of the receiving farm. If such (l)'The error was not so substantial as to place the operator on notice thereof; 729.343 Transfer by sate or lease. signatures cannot be witnessed in the county office where the farm is and Subject to the provisions of this administratively located, they may be . (2) The operator, relying upon such subpart, the owner and operator of any witnessed in any county office. notice and acting in good faith-- (i) Materially changes the operator's position in order to produce the quota farm having a farm poundage quota in the current year may have approved by the county committee a record of 729.348 Filing record ol transfer and time lor liling. set forth on the erroneous notice (by, for transfer for sale or lease of all or any No transfer of any quota under this example, obligating expenditures for part of the farm poundage quota to any section shall become effective until a land preparation, additional equipment other owner or operator of a farm in the record of transfer, determined by the and labor) and same county. The receiving farm need county committee to be in compliance (ii) Has planted the acreage of not have a farm poundage quota. If the with the provisions of this subpart, has peanuts needed to produce the owner(s) and operator of the farm from been executed on Form ASCS-375. or erroneous farm poundage quota. which the transfer by sale or lease is to such other form approved for general GLEASON-000758